RESIDENCY STATUS FOR TUITION PURPOSES
The formula for establishing domicile is simply stated as follows: Physical presence in the state with simultaneous intent to make Arizona one’s permanent home and place of habitation and abandonment of the old domicile. All evidence is weighed under the presumption that a non-resident student’s presence in Arizona is primarily for the purposes of education and not to establish domicile, and that decisions of an individual as to their intent to establish domicile are generally made after the completion of an education and not before. In determining classification of students for tuition purposes, the following are basic to a case for Arizona domicile:
1. PHYSICAL PRESENCE: To be eligible for classification as an Arizona resident for tuition purposes, a person must be able to prove continuous physical presence in Arizona for at least 12 months immediately preceding the semester of application. This presence must be coupled with clear and convincing evidence of intent to establish a domicile in Arizona BEYOND THE CIRCUMSTANCE OF BEING A STUDENT. Mere presence of a person in this state does not, by itself, constitute domicile. There is a presumption that no adult student or emancipated minor has established a domicile in this state while attending any educational institution in this state.
2. INTENT TO ESTABLISH A DOMICILE: Objective evidence of intent to be a resident of this state is demonstrated by the absence of ties to the former state of residence and the following:
a) Objective evidence of financial independence. Indicators of financial independence include: 1) Place of employment and proof of earnings 2) Other sources of support 3) Proof of filing an Arizona state income tax return 4) Residence claimed on federal income tax returns of applicant and/or parents 5) Veteran status 6) Whether claimed as a dependent for income tax purposes by a parent or any other individual for two years immediately preceding the request for residency classification.
b) Once established, residency for tuition purposes is not lost due only to the student's receipt of funds from a source outside Arizona
c) State in which motor vehicle is registered
d) Source of payment for the individual's auto insurance policies
e) Date of issuance and state issuing driver's license or state identification card
f) Employment history
g) The transfer of banking services to Arizona
h) Applications for loans, scholarships, grants-in-aid, and other such assistance
i) Voter registration
j) Place of prior attendance in educational institutions, including high schools, and any information held by such schools affecting domicile
k) Marital status and work record of registrant and spouse, if applicable
l) Change in permanent address on all pertinent records
m) State in which registered with Selective Services
n) Military records
o) Ownership of real property
p) All other material of whatever source which may have a bearing on determining residency status/financial independence
SUMMARY FOR CLASSIFICATION OF STUDENTS FOR TUITION PURPOSES
1. GENERAL STATEMENTS
a) The Arizona Board of Regents is required by law to establish, for the universities under its jurisdiction and control, guidelines which provide uniform criteria for determining the tuition status of any student, and which provide uniform procedures for review of that status. The board has adopted policies concerning tuition classification to meet this requirement.
b) This informational summary is intended to provide a general explanation of the Tuition Classification Policy established by the Board of Regents. This summary is not part of the policy and is not intended to modify, restrict or extend in any way rights accorded under the policy. A complete copy of the Board Policy can be obtained from the University’s Residency Classification Office website.
c) Each student must be classified as either a resident student or a non-resident for tuition purposes. A student who is not classified as a resident student is charged tuition in addition to other registration fees and charges.
2. REQUIREMENTS FOR RESIDENT STATUS
a) The general rule is that in order to obtain resident status for tuition purposes, a student must establish his or her domicile in Arizona at least one year immediately prior to the last day of regular registration for the semester in which the student proposes to attend the university. Arizona domicile occurs when a financially independent person is physically present in Arizona with the intention of making Arizona his or her permanent home.
b) Objective evidence of financial independence. Indicators of financial independence include: 1) Place of employment and proof of earnings 2) Other sources of support 3) Proof of filing an Arizona state income tax return 4) Residence claimed on federal income tax returns of applicant and/or parents 5) Veteran status 6) Whether claimed as a dependent for income tax purposes by a parent or any other individual for two years immediately preceding the request for residency classification. A student will generally be considered financially independent if he or she:
i. Is a veteran of the U.S. Armed Forces, or
ii. Was not claimed as an income tax deduction by his or her parents or any other individual for the two years immediately preceding the request for residency classification, and has demonstrated objective evidence of self-support for the two tax years immediately preceding the request for residency classification.
c) An adult student (age 18 or older) or legally emancipated minor must couple his or her physical presence within Arizona for one year with objective evidence of financial independence and objective evidence that such presence is consistent with his or her intent in making Arizona his or her permanent home. If these steps are delayed, the durational period will be extended until all requirements have been demonstrated for one full year, with financial independence for two years.
d) The domicile of an unemancipated minor is that of his or her mother, father or legal guardian provided there is no evidence indicating that the guardianship was created primarily for the purpose of conferring the classification of resident on the individual. In addition, an unemancipated person who is enrolled at the university and who remains in Arizona after his or her parents establish a domicile elsewhere does not lose resident status while in continuous attendance toward the degree for which currently enrolled.
e) There are certain exceptions to the general rule. A student may also be eligible for resident status if he or she can establish that, on or before the last day of regular registration, he or she meets one of the following criteria:
I. DEPENDENT The student is domiciled in Arizona and has not met the one-year durational requirement, but one or both of the student's parents are domiciled in Arizona and are entitled to claim him or her as a dependent child for state and federal tax purposes (whether or not the parent actually claimed the student as a dependent child).
II. MARRIED TO AZ RESIDENT The student is domicile in Arizona and has not met the one-year durational requirement, but the student’s spouse has established domicile in this state for at least one year and has demonstrated financial independence, and the person’s spouse is entitled to claim the person as an exemption for federal and state tax purposes.
III. TRANSFERRED EMPLOYEE The student is domiciled in Arizona and has not met the one-year durational requirement, and is an employee or spouse of an employee transferred to Arizona by his or her employer for employment purposes, AND is NOT self-employed or employed in a family owned business not previously operating in Arizona, AND can provide proof of payment or reimbursement of moving expenses by his or her employer.
IV. TEACHERS ON CONTRACT The person is an employee of a school district in this state and is under contract to teach on a full-time basis, or is employed as a full-time non-certified classroom aide, at a school with that school district. The person is eligible for classification as an in-state student only for courses necessary to complete the requirements for certification by the State Board of Education to teach in a school district in this state. This does not include other members of the family.
V. MILITARY STATIONED IN AZ The student is a member of the U.S. Armed Forces, including Reserves and National Guards, stationed in Arizona pursuant to military orders or is a member's spouse or dependent child at the time of admission. A student does not lose resident status while in continuous attendance toward the degree for which currently enrolled if military service is discontinued. In addition, a person domiciled in Arizona immediately prior to becoming a member of the U.S. Armed Forces will not lose resident status because of his or her absence from Arizona while a member of the U.S. Armed Forces, provided that he or she has demonstrated continued intent to maintain Arizona domicile.
VI. MILITARY OUTSIDE AZ The person is a member of the Armed Forces of the United States stationed outside of this state pursuant to military order or is the spouse or dependent child, and the person claimed Arizona as the person’s legal residence for at least twelve consecutive months prior to the last date of registration. The person claiming in-state status under this section shall be required to provide a copy of the Military Form DD-2058 which verifies their state of legal residence; and the person demonstrated objective evidence of intent to be a resident of Arizona by at least one of the items set forth in Section 4-205(A)(3); and provide evidence of having filed an Arizona Resident Income Tax Return with the Arizona Department of Revenue for the prior tax year on all income from all sources.
VII. MILITARY HONORABLY DISCHARGED If you are an Honorably Discharged Veteran you need to submit an Honorably Discharged Veteran Residency Classification Exception Form, a copy of your DD-214 Member 4 or Service 2 showing Honorable Discharge and a copy of a document that illustrates your intent to be a resident of Arizona. This may be fulfilled with one of the following:
* Arizona driver's license
* Arizona vehicle registration
* Arizona voter registration
* Employment history in Arizona
* Transfer of major banking services in Arizona
* Change of permanent address on all pertinent
* Other materials of whatever kind or source relevant
to domicile or residency status
VIII. Recently Discharged Veteran if you can demonstrate the conditions below, submit the Recently Discharged Veteran Residency Classification Exception form.
1) In the term noted on this form the student will use Chapter 30 Montgomery GI Bill Active Duty (MGIB-AD) or the Chapter 33 or FRY Post-9/11 GI Bill at this institution, AND
2) The student lives in Arizona, AND
3) The student is enrolled within 3 years of the benefit holder's discharge or death in the line of duty from a period of active duty service of 90 days or more.
Attach the following documentation in support of your claim to the Recently Discharge Veteran Exception:
·Certificate of Eligibility, AND
·DD-214 Member 4 or Service 2 showing date of entry into active duty and date of discharge, AND
·Evidence of living in Arizona and intent to become a resident by at least one of the following:
o Arizona driver's license
o Arizona vehicle registration
o Arizona voter registration
o Employment history in Arizona
o Transfer of major banking services to Arizona
o Change of permanent address
o Other Materials of whatever kind or source relevant to domicile or
IX. NATIVE AMERICAN The student is an enrolled member in a federally recognized Arizona tribe; verified by completion of a Native American Exception form and copy of a Certificate of Indian Blood or Tribal Identification Card.
X. The person is domiciled within 75 miles of the Arizona border in San Bernardino, Imperial or Riverside Counties in California, enrolling for no more than six (6) credit hours offered by Arizona State University, Northern Arizona University of University of Arizona in Mohave, La Paz or Yuma Counties, Arizona.
XI. The person is a doctoral graduate student who is a candidate for degree, having completed all requirements for the degree except dissertation and who qualified as a resident student immediately prior to being eligible to begin dissertation.
f) An alien may qualify as a resident (a) by meeting the general one-year durational requirement, (b) by meeting one of the exceptions to the general rule, or (c) by having been granted refugee status and meeting all other requirements for domicile in this state; provided that in establishing domicile, the alien must not hold a visa that prohibits establishing domicile in this state.
3. ESTABLISHING RESIDENT STATUS
a) The deadline to submit a petition for classification as a resident shall be the last day of registration for credit as published by each university. Failure to file a petition within the prescribed time period is considered a waiver of the right to file for that semester.
b) A student seeking resident status is responsible for establishing by clear and convincing evidence of all elements needed for such a classification. All evidence for residency classification is weighed under the presumption that a non-resident student’s presence in Arizona is primarily for the purpose of an education and not to establish domicile, which is usually decided after the completion of an education and not before.
c) Whether the evidence is sufficiently clear and convincing depends not only on the amount of evidence presented, but also its reliability, authenticity, credibility, and relevance as determined by the Residency Classification Officer or Residency Review Committee reviewing the evidence presented.
d) Relevant indication of one’s entitlement to resident status may include, but is not limited to, evidence of the following: Objective evidence of continuous physical presence for one year; proof of financial independence as demonstrated by employment; earnings and other sources of support; filing federal and state tax returns; parents’ tax returns; how and where auto insurance is maintained. Objective evidence of intent for one year is demonstrated by absence of ties to the former state of residence; state in which motor vehicle is registered; obtaining an Arizona driver’s license or identification card if non driver; employment in Arizona; transfer of major banking services to Arizona; information on financial aid applications; registering and voting in Arizona elections; place of prior attendance in educational institutions; marital status; work record of spouse (if applicable); designating Arizona as permanent address on all pertinent records, including Selective Service and military records, if applicable; ownership of real property; and other material which may have a bearing on determining domicile.
e) Once domicile in Arizona exists, it is not lost by mere absence from Arizona unaccompanied by any intention to establish a new domicile elsewhere.
f) Any student found to have made a false or misleading statement concerning domicile or tuition status is subject to dismissal from the university.
h) Each university retains the right to review and re-determine classification of students for tuition purposes in accordance with the criteria established in this policy
4. PROCEDURES AT THE UNIVERSITY OF ARIZONA
a) Each student is responsible for obtaining tuition classification determination prior to registration and fee payment. This procedure requires each student to complete the Statement of Residency Classification or file a domicile affidavit form. This is required of all new and returning students who are readmitted after an absence of one or more semesters. A student seeking resident status may be required to file supporting documentation necessary to provide a basis for resident classification.
b) A student desiring a change in classification must complete and file a Petition to Change Residency Classification and all supporting documentation necessary to provide a basis for resident classification. (See Section III, Paragraph D.)
c) A student who believes that he or she was incorrectly classified as a non-resident by a Residency Classification Officer, may request an appeal with the Residency Review Committee no later than 35 days from the last day of regular registration. The signed request will include the student’s current mailing address, the reasons why the individual is challenging the classification determination and a signed statement setting forth all facts in support of the individual’s claim that the classification determination is erroneous. Failure to file a request for appeal within the time prescribed shall constitute a waiver of the right to request an appeal.
d) Upon appeal, the Residency Review Committee is responsible to render a decision in accordance with Arizona State Statutes and Board of Regents Policy. The student may be represented at the hearing by an advisor at the student’s expense.
e) Written notice of the final decision of the Residency Review Committee shall be sent by certified mail and email to the individual’s current address filed with the university. If the student is found to have been incorrectly classified as a non-resident, the university will refund the tuition collected as a non-resident. If the Review Committee determines that the student remain as a non-resident, the notice will advise the student that no further University procedures are available and the time to take any legal action may be short.