A: Determination of Residency Status for Admission and Tuition Purposes 2011/12 by Kentucky Community and Technical College System

More catalogs by Kentucky Community and Technical College System | A: Determination of Residency Status for Admission and Tuition Purposes 2011/12 | 3 pages | 2018-01-25

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Page 2 of A: Determination of Residency Status for Admission and Tuition Purposes 2011/12

section 4 presumptions regarding residency status 1 in making a determination of residency status it shall be presumed that a person is a nonresident if a a person is or seeks to be an undergraduate student and admissions records show the student to be a graduate of an out-of-state high school within five 5 years prior to a request for a determination of residency status b a person’s admissions records indicate the student’s residence to be outside of kentucky at the time of application for admission c a person moves to kentucky primarily for the purpose of enrollment in an institution d a person moves to kentucky and within twelve 12 months enrolls at an institution more than half time e a person has a continuous absence of one 1 year from kentucky or f a person attended an out-of-state higher education institution during the past academic year and paid in-state tuition at that institution 2 a presumption arising from subsection 1 of this section shall only be overcome by preponderance of evidence sufficient to demonstrate that a person is domiciled in and is a resident of kentucky section 5 determination of whether a student is dependent or independent 1 in a determination of residency status an institution shall first determine whether a student is dependent or independent this provision is predicated on the assumption that a dependent person lacks the financial ability to live independently of the person upon whom the student is dependent and therefore lacks the ability to form the requisite intent to establish domicile a determination that a student is independent shall be one 1 step in the overall determination of whether a student is or is not a resident of kentucky 2 in determining the dependent or independent status of a person the following information shall be considered as well as other relevant information available at the time the determination is made a1 whether the person has been claimed as a dependent on the federal or state tax returns of a parent or other person for the year preceding the date of application for a determination of residency status or 2 whether the person is no longer claimed by a parent or other person as a dependent or as an exemption for federal and state tax purposes and b whether the person has financial earnings and resources independent of a person other than an independent spouse necessary to provide for the person’s own sustenance 3 an individual who enrolls at an institution immediately following graduation from high school and remains enrolled shall be presumed to be a dependent person unless the contrary is evident from the information submitted 4 domicile may be inferred from the student’s permanent address parent’s mailing address or location of high school of graduation 5 marriage to an independent person domiciled in and who is a resident of kentucky shall be a factor considered by an institution in determining whether a student is dependent or independent 6 financial assistance from or a loan made by a parent or family member other than an independent spouse if used for sustenance of the student a shall not be considered in establishing a student as independent and b shall be a factor in establishing that a student is dependent section 6 effect of a determination of dependent status on a determination of residency status 1 the effect of a determination that a person is dependent shall be a the domicile and residency of a dependent person shall be the same as either parent the domicile and residency of the parent shall be determined in the same manner as the domicile and residency of an independent person and b the domicile and residency of a dependent person whose parents are divorced separated or otherwise living apart shall be kentucky if either parent is domiciled in and is a resident of kentucky regardless of which parent has legal custody or is entitled to claim that person as a dependent pursuant to federal or kentucky income tax provisions 2 if the parent or parents of a dependent person are kentucky residents and are domiciled in kentucky but subsequently move from the state a the dependent person shall be considered a resident of kentucky while in continuous enrollment at the degree level in which currently enrolled and b the dependent person’s residency status shall be reassured if continuous enrollment is broken or the current degree level is completed section 7 member of armed forces of the united states spouse and dependents effect on a determination of residency status 1 a member spouse or dependent of a member whose domicile and residency was kentucky at the time of induction into the armed forces of the united states and who maintains kentucky as home of record and permanent address shall be entitled to kentucky residency status a during the member’s time of active service or b if the member returns to this state within six 6 months of the date of the member’s discharge from active duty 2 a a member of the armed services on active duty for more than thirty 30 days and who has a permanent duty station in kentucky shall be classified as a kentucky resident and shall be entitled to in-state tuition as shall the spouse or a dependent child of the member b a member spouse or dependent of a member shall not lose kentucky residency status if the member is transferred on military orders while the member spouse or dependent requesting the status is in continuous enrollment at the degree level in which currently enrolled 3 a membership in the national guard or civilian employment at a military base alone shall not qualify a person for kentucky residency status under the provisions of subsections 1 and 2 of this section if a member of the kentucky national guard is on active duty status for a period of not less than thirty 30 days the member shall be considered a kentucky resident as shall the spouse of a dependent child of the member 4 a person’s residency status established pursuant to this section shall be reassessed if the qualifying condition is terminated section 8 status of nonresident aliens visas and immigration 1 a a person holding a permanent residency visa or classified as a political refugee shall establish domicile and residency in the same manner as another person b time spent in kentucky and progress made in fulfilling the conditions of domicile and residency prior to obtaining permanent residency status shall be considered in establishing kentucky domicile and residency 2 a person holding a nonimmigrant visa with designation a e g h-1 h-4 if accompanying a person with an h-1 visa i k l n r shall establish domicile and residency the same as another person 3 a an independent person holding a nonimmigrant visa with designation b c d f h-2 h-3 h-4 if accompanying a person with an h-2 or h-3 visa j m o p q s td or tn shall not be classified as a kentucky resident because that person does not have the capacity to remain in kentucky indefinitely and therefore cannot form the requisite intent necessary to establish domicile as defined in section 16 of this administrative regulation b a dependent person holding a visa as described in paragraph a of this subsection but who is a dependent of a parent holding a visa as described in subsection 2 of this section shall be considered as holding the visa of the parent c a dependent person holding a visa described in subsection 2 of this section or paragraph a of this subsection if a parent is a citizen of the united states and is a resident of and domiciled in kentucky shall be a resident of kentucky for the purposes of this administrative regulation 4 a person shall be a kentucky resident for the purpose of this administrative regulation if the person graduated from a kentucky high school and a is an undocumented alien b holds a visa listed in subsections 2 or 3 a of this section or c is a dependent of a person who holds a visa listed in subsections 2 or 3 a of this section 5 a except as provided in paragraph b of this subsection a person who has petitioned the federal government to reclassify visa status shall continue to be ineligible until the petition has been decided by the federal government b a person who has petitioned the federal government to reclassify his or her visa status based on marriage to a kentucky resident and who can demonstrate that the petition has been filed and acknowledged by the federal government may establish kentucky domicile and residency at that time section 9 beneficiaries of a kentucky educational savings plan trust a beneficiary of a kentucky educational savings plan trust shall be granted residency status if the beneficiary meets the requirements of krs 164a.3306 357 appendix 10 an institution shall impose a penalty or sanction against a student who gives incorrect or misleading information to an institutional official including payment of nonresident tuition for each academic term for which resident tuition was assessed based on an improper determination of residency status the penalty or sanction may also include a student discipline by the institution through a policy written and disseminated to students or b criminal prosecution.