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A.
Attendance at an Out-of-State Institution
B. Dependent
Student
C. Documentation
D.
Domicile/Residency
E. Employment
F. Establishing
Residency/Required Evidence
G. Financial Aid
H. Full-Time
Attendance
I. Guardianship
J. Military
K. Moving from
Kentucky
L. Moving to
Kentucky
M. Property
Ownership
N. Visa Holders
A. Attendance at an
Out-of-State Institution
Question
What is the residence of a student who attended an
out-of-state institution but whose parents live in Kentucky?
Answer
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.
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Question
An independent student attends an out-of-state institution
and after one year there as a full-time student is considered a resident
according to that state's guidelines. However, 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) the person enrolls in a Kentucky
institution. May the student be considered a Kentucky resident?
Answer
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.
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B. Dependent
Student
Question
What is the residency of a dependent student?
Answer
A dependent person's residency is that of the parent(s).
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Question
What is the residency of a dependent person whose parents
are divorced?
Answer
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.
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Question
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?
Answer
Yes, the student has the domicile and residence of the parent living in
Kentucky.
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Question
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?
Answer
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.
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Question
What is the residency status of a dependent student whose
parents work or own a business in Kentucky but reside in another state?
Answer
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.
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C.
Documentation
Question
May an institution refuse to accept a request for
residency if the affidavit is not accompanied by all required
documentation?
Answer
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.
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Question
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?
Answer
No. However, the student should be informed that the application can be
accepted for the following term.
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Question
May an institution set a deadline for a student to submit
additional documentation?
Answer
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.
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Question
Should the institution accept unsigned documents, such as
state or federal tax returns?
Answer
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.
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D.
Domicile/Residency
Question
What is the difference between domicile and residency?
Answer
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.
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Question
What role does intent play in the establishment of
Kentucky residency?
Answer
Intent represents a rebuttable presumption. The ultimate residency
determination is based on documented evidence as prescribed in the
residency regulation.
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E. Employment
Question
What is the definition of full-time employment?
Answer
At least 48 weeks a year with an average of at least 30 hours a week
constitutes full- time employment.
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Question
What is the residency status of a student if the student,
or parents of the student, recently moved to Kentucky for employment
reasons?
Answer
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.
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F. Establishing
Residency/Required Evidence
Question
How is a determination of Kentucky residency made?
Answer
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.
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Question
When should a student file a request for residency
change?
Answer
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.
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Question
What type of evidence is necessary to establish domicile
or residency?
Answer
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.
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G. Financial Aid
Question
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?
Answer
In cases where student financial aid information differs from that
required for residency, follow the residency regulation in making
residency determinations.
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H. Full-Time
Attendance
Question
Can a person gain residency while going to school full
time (12 hours or more)?
Answer
Yes, providing the person demonstrates residency in a
manner consistent with the administrative regulation.
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I. Guardianship
Question
How can one determine if guardianship has been
established primarily to gain Kentucky residency?
Answer
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.
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J. Military
Question
What is the residency of a person in the military?
Answer
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.
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Question
What is the residency status of a person whose parent(s)
are in the military?
Answer
A dependent or a spouse of a person on active military duty stationed in
Kentucky is also considered a resident for tuition purposes.
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Question
What happens to residency status when someone in the
military is transferred out of state?
Answer
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.
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Question
How is residency status assessed for civilian employees
of the military?
Answer
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.
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Question
Do the guidelines for determining residency of active
military personnel stationed in Kentucky also apply to persons in the
National Guard?
Answer
No. The regulation applies only to active members of the United States
Armed Forces stationed in Kentucky, their spouse and dependents.
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Question
Is a member of a foreign military who is on temporary
assignment for special training at a Kentucky military base eligible for
residency?
Answer
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.
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K. Moving
from Kentucky
Question
How long after moving from Kentucky does it take to lose
Kentucky residency status?
Answer
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.
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Question
How is it determined that a person has established
domicile in another state?
Answer
The facts and conditions presumed in establishing domicile in Kentucky are
the same as determining domicile elsewhere.
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Question
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?
Answer
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.
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L. Moving to
Kentucky
Question
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?
Answer
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.
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Question
What is the residency status of a student if the student,
or parents of the student, recently moved to Kentucky for employment
reasons?
Answer
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.
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Question
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?
Answer
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.
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Question
Can a person be a resident of Kentucky if they have
resided in the state less than one year?
Answer
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.
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Question
An independent student attends an out-of-state
institution and, after one year as a full-time student is considered a
resident according to that state's guidelines. However, 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) the person enrolls in a
Kentucky institution. May the student be considered a Kentucky resident?
Answer
It is possible, providing there is evidence that the person did not
abandon Kentucky domicile.
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M. Property
Ownership
Question
Does ownership of property in Kentucky automatically
grant residency for tuition purposes?
Answer
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.
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N. Visa
Holders
Question
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?
Answer
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.
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Question
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?
Answer
No. The holder of an F Visa cannot obtain Kentucky residency by this
means.
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