FAQ Regarding In-State Residency

Residency FAQ: Attendance/Out-of-State Institution

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• 1. What is the residence of a student who attended an out-of-state institution but whose parents live in Kentucky?

  If dependent upon the parents who live in Kentucky, the student is a resident. If the student is independent, residency status must be determined as for any other independent person.

• 2. If an independent student attends an out-of-state institution for one year as a full-time student. Then returns to Kentucky and after a few months enrolls in Kentucky Institution, may the student be considered a Kentucky resident?

  If an independent student attends an out-of-state institution, after one year there as a full-time student they can be considered a resident according to that state's guidelines. However, if the student retains evidence of Kentucky domicile (permanent address, Kentucky driver's license, and other facts) and returns to reside at that Kentucky address, after a few months (less than a year) if the person enrolls in a Kentucky institution the student may be entitled to a determination of Kentucky residency, providing there is evidence that the person did not abandon Kentucky domicile and residency.

Residency FAQ: Dependent Student

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• 1. What is the residency of a dependent student?

  A dependent person's residency is that of the parent(s).

• 2. What is the residency of a dependent person whose parents are divorced?

  If parents of a dependent student are divorced, separated, or living apart, the student may assume the residency of either parent, regardless of which parent has custody or claims the student on income tax forms.

• 3. Does this also apply if the student lived outside Kentucky with the custodial parent, graduated from an out-of-state high school, then came to Kentucky to live with the other parent?

  Yes, the student has the domicile and residence of the parent living in Kentucky.

• 4. What happens if the parent(s) of a dependent Kentucky resident student move out of state while the student is enrolled in a Kentucky institution?

  The student remains classified as a Kentucky resident as long as the student maintains continuous enrollment at the same degree level. Once continuous enrollment is broken or the student changes degree levels, residency is reassessed.

• 5. What is the residency status of a dependent student whose parents work or own a business in Kentucky but reside in another state?

  The student's domicile and residence is that of parent, and in this case is a nonresident. Business ownership or employment in Kentucky does not indicate or support a finding of Kentucky domicile or residency.

Residency FAQ: Documentation

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• 1. May an institution refuse to accept a request for residency if the affidavit is not accompanied by all required documentation?

  Yes. Required documentation is identified on each section of the affidavit, and the student is responsible for furnishing all documents pertinent to his or her case.

• 2. If an affidavit is refused by the institution due to lack of necessary documentation, and the complete file is not resubmitted until after the 30 day deadline, should the institution accept the application for that term?

  No. However, the student should be informed that the application can be accepted for the following term.

• 3. May an institution set a deadline for a student to submit additional documentation?

  Yes. In fact, each institution should establish a timetable for the submission of this documentation, make it a part of their institutional residency policy, and make it available to all students. If this is done, the institution may refuse to consider the request for residency for that term.

• 4. Should the institution accept unsigned documents, such as state or federal tax returns?

  No. Unsigned documents should not be accepted as official. If a signed document cannot be obtained by the student, ask for a statement attesting that the document is the one officially filed. This statement should be signed by the appropriate individuals.

Residency FAQ: Domicile/Residency

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• 1. What is the difference between domicile and residency?

   Domicile is the person's true, fixed, and permanent home and is the place where the person intends to remain, and to which the person expects to return without intending to establish a new domicile elsewhere. Residence or Residency means the place of abode of a person and the place where the person is physically present most of the time for a non-educational purpose, in accordance with Section 1 of the residency regulation. In order to establish Kentucky residency, a person must show proof of abandonment of an out-of-state domicile.

• 2. What role does intent play in the establishment of Kentucky residency?

   Intent represents a rebuttable presumption. The ultimate residency determination is based on documented evidence as prescribed in the residency regulation.

Residency FAQ: Employment

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• 1. What is the definition of full-time employment?

   At least 48 weeks a year with an average of at least 30 hours a week constitutes full- time employment.

• 2. What is the residency status of a student if the student, or parents of the student, recently moved to Kentucky for employment reasons?

   If there is documented evidence that the person received a job transfer to Kentucky, or came to Kentucky because of the acceptance of full-time employment and is independent, the person is eligible for residency.

Residency FAQ: Establishing Residency/Req Evidence

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• 1. How is a determination of Kentucky residency made?

  New Admissions - For a newly admitted student, residency status is determined by information provided on the admissions application and other available information. The student should ensure that all pertinent information has been provided.

  
  Appropriate staff will review the available information and determine the student's residency status. If the student then wishes to appeal that determination, a completed residency affidavit and required documentation must be submitted to the designated institutional officer or office.
  
  Enrolled Student - A currently enrolled student who wishes to petition for Kentucky residency status must request the official residency affidavit from the designated institutional office or officer and return the completed form with all necessary documentation to that office or person.

• 2. When should a student file a request for residency change?

  This should be done no more than 30 days after the first day of class for the term for which the person is requesting a change in residency status.

• 3. What type of evidence is necessary to establish domicile or residency?

  Each claim made in support of a request for residency should be supported with written documentation. The affidavit identifies several areas that are to be supported by documentation, and other documentation should be required as is necessary to the determination of an individual case. See Section Three of this guidebook.

Residency FAQ: Financial Aid

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• 1. For financial aid eligibility purposes, the definition of independent status is different from that for residency. Which definition is to be used for residency determination?

  In cases where student financial aid information differs from that required for residency, follow the residency regulation in making residency determinations.

Residency FAQ: Full-Time Attendance

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• 1. Can a person gain residency while going to school full time (12 hours or more)?

  Yes, providing the person demonstrates residency in a manner consistent with the administrative regulation.

Residency FAQ: Gaurdianship

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• 1. How can one determine if guardianship has been established primarily to gain Kentucky residency?

   This determination may not be possible. If there is court documentation of the establishment of a legal guardianship, residency is to be based on that document. The mere assertion by an individual of guardianship without proper legal documentation is not sufficient.

Residency FAQ: Military

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• 1. What is the residency of a person in the military?

  A person on active military duty and stationed in Kentucky is considered a resident for tuition purposes, providing the assignment is of one year or more and the person is not stationed in Kentucky for the purpose of enrollment at an institution of higher education.

• 2. What is the residency status of a person whose parent(s) are in the military?

  A dependent or a spouse of a person on active military duty stationed in Kentucky is also considered a resident for tuition purposes.

• 3. What happens to residency status when someone in the military is transferred out of state?

  Residency status may be retained as long as the student is in continuous enrollment at the institution and at the same degree level. If enrollment is broken or degree level changes, residency is reassessed.

• 4. How is residency status assessed for civilian employees of the military?

  Residency guidelines for active military personnel do not apply to civilian employees of the military. Their residency is assessed the same as any other non-military individual.

• 5. Do the guidelines for determining residency of active military personnel stationed in Kentucky also apply to persons in the National Guard?

  No. The regulation applies only to active members of the United States Armed Forces stationed in Kentucky, their spouse and dependents.

• 6. Is a member of a foreign military who is on temporary assignment for special training at a Kentucky military base eligible for residency?

  No, 13 KAR 2:045 Sec. 7 refers to a member of the Armed Forces of the United States. Residency status for a member of a foreign military is to be assessed in the same manner as a non-military person.

Residency FAQ: Moving from Kentucky

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• 1. How long after moving from Kentucky does it take to lose Kentucky residency status?

  A person is presumed to lose Kentucky residency when steps are taken to establish domicile and residency in another state and/or after a one-year absence from the state, unless the person can prove that Kentucky domicile and residency have been retained.

• 2. How is it determined that a person has established domicile in another state?

  The facts and conditions presumed in establishing domicile in Kentucky are the same as determining domicile elsewhere.

• 3. What is the residence of a high school student whose parent is transferred out of state but the student remains in Kentucky to finish high school and attend college?

  A recent high school graduate is presumed to be dependent, and has the domicile and residence of the parent. Therefore, the student entering college under these circumstances is presumed to be a nonresident.

Residency FAQ: Moving to Kentucky

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• 1. If a student attends a Kentucky high school but parents have resided in Kentucky less than one year, what is the residency status of the student?

   This depends on the reason the parents moved to Kentucky. The dependent student's residence is the parent's, and the parent must demonstrate residency according to the regulation.

• 2. What is the residency status of a student if the student, or parents of the student, recently moved to Kentucky for employment reasons?

   If there is documented evidence that the person received a job transfer to Kentucky, or came to Kentucky because of the acceptance of full-time employment, the person(s) is eligible for residency.

• 3. What is the residency status of a student who graduated from an out-of-state high school, is independent of parents, and has resided in off-campus housing for at least 12 months?

   If independent status has been documented, the student's residency must be evaluated on the individual's circumstance. The reason for coming to Kentucky, full-time attendance at a higher education institution, and other facts must be considered.

• 4. Can a person be a resident of Kentucky if they have resided in the state less than one year?

  Yes, depending on the reason for coming to Kentucky. The status of the person as a full-time or half-time student and other facts necessary to establishing residency are significant, not the length of stay.  Mere physical presence in the state for one year is not sufficient evidence to establish domicile and residency.

Residency FAQ: Property Ownership

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• 1. Does ownership of property in Kentucky automatically grant residency for tuition purposes?

  No. Ownership of property in Kentucky is one of 15 individual criteria to be considered in determining residency, providing the student resided on that property preceding application for a residency determination.

Residency FAQ: Visa Holders

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• 1. How is residency assessed for an applicant for admission who graduated from a Kentucky high school, lived in Kentucky for at least twelve months, and holds a visa for which residency may be established?

  Persons holding one of the visas for which residency may be established are able to establish residency the same as other individuals. If the person meets these criteria, they may be assigned residency. For a recent high school graduate who is presumed to be a dependent, residency is based on that of the parent.

• 2. According to previous interpretations, a non-citizen (resident alien) cannot extend residency to a non-resident spouse who is here under the F - Nonresident Alien Visa. Does the change in fact of marriage to a Kentucky resident override this fact?

  No. The holder of an F Visa cannot obtain Kentucky residency by this means.