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RULES AND REGULATIONS 
FOR ESTABLISHING RESIDENCY

 ABOR Officers

These guidelines represent regulations approved by the Arizona Board of Regents and are subject to change without notice.

The rules and regulations for establishing residency for tuition purposes are defined by the Arizona Board of Regents, which is authorized by the Arizona Legislature and the state statutes (A.R.S. §15-1801 through 1807) to provide classification for a tuition differential between resident and non-resident students.

An individual must establish residency in Arizona before he or she is entitled to pay resident tuition rates. The requirements to establish residency for tuition purposes are independent from those of other types of residency, such as voting or holding public office. A resident for tuition purposes is someone who meets the requirements set forth in the Arizona Board of Regents Policy for Determining Tuition States and summarized herein.

These regulations for residency apply to all public universities in the State of Arizona. Tuition classification as a resident at an Arizona Community College does not mean that a student will be classified as a resident when transferring to a state funded Arizona university.

 

Why are non-resident students at Arizona’s educational institutions charged higher tuition than resident students?

Arizona institutions of higher education are funded by the State of Arizona. Since non-resident students (and their families) generally have not contributed to the source of this funding of public education in Arizona, they are required to pay fees which more closely represent the actual cost of their education.

 

How does a person establish Arizona residency?

To become a resident of Arizona for tuition purposes, three basic requirements must be met:

  1. Twelve Months Continuous Physical Presence

An adult person (18 years or older) person must physically reside in the state for the twelve consecutive months immediately preceding the term for which resident classification is requested.

  1. Intent to Establish a Domicile

Objective evidence of intent to be a resident of Arizona is demonstrated by the absence of ties to the former state of residence for twelve consecutive months. Objective evidence of intent to be a resident of Arizona is further demonstrated by the following:

  1. Date of and state in which Motor Vehicle is registered
  2. Date of and state issuing driver’s license
  3. Employment history, including assured future permanent employment in Arizona
  4. Transfer of major banking services to Arizona
  5. Applications for loans, scholarships, grants-in-aid, or other such assistance
  6. Date and state in which registered to vote
  7. Place of prior attendance in educational institutions, including high schools, and any information held by such schools affecting domicile
  8. Marital status and work record of registrant and spouse
  9. Change in permanent address on all pertinent records
  10. State in which registered with Selective Service
  11. Military records
  12. Ownership of real property
  13. All other material of whatever kind or source which may have a bearing on determining domicile or resident status
  1. Financial Independence

For purposes of residency determination, financial independence means a student’s ability to meet his or her own expenses from self-generated funds under his or her control. A student will generally be considered financially independent if he or she is:

  1. A veteran of the U.S. military, or
  2. Not claimed as an income tax deduction by his or her parents or any other individual for two tax years, and has demonstrated objective evidence of self-support for the two years immediately preceding the semester for which resident classification is requested.

A student must couple his or her physical presence within Arizona with financial independence and objective evidence of intent to make Arizona his or her permanent home.

Note: any act considered inconsistent with becoming an Arizona resident (such as voting, securing or maintaining a driver’s license or automobile registration in another state) will result in a non-resident decision.

 

Are there any exceptions to these basic requirements?

Yes, there are ten specific exceptions to the twelve months rule which may entitle a person to resident classification if all conditions have been met by the last day of regular registration.

Dependent – A person shall be classified as a resident student if the person can establish that on or before the last day of registration the person is domiciled in this state and the domicile of the person’s parent is in this state, and the parent is entitled to claim the person as an exemption for federal and state tax purposes.

Transferred Employee – A person shall be classified as a resident student if the person can establish that on or before the last day of registration the person is domiciled in this state and the person is an employee of an employer which transferred the person to this state for employment purposes, or the person is the spouse of such an employee, or the person is an employee of an Arizona employer taking not more than six credit hours solely through electronic course delivery at employer-sanctioned sites in Arizona, when the employer is required to pay additional site fees or transmission costs.

Military Stationed in Arizona – The person is a member of the Armed Forces of the United States stationed in this state pursuant to military orders or is the spouse or dependent child (as defined in A.R.S. §43-1001) of a person who is a member of the Armed Forces of the United States stationed in this state pursuant to military orders.

Military Stationed outside Arizona – The person is a member of the Armed Forces of the United States stationed outside of this state pursuant to military orders or is the spouse or dependent child (as defined in A.R.S. §43-1001) of a person who is a member of the Armed Forces of the United States stationed outside of this state pursuant to military orders, 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 resident status under this section shall be required to provide a copy of the military form DD-2058 which verifies state of legal residence 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.

Honorable Discharged Military – The person is an honorably discharged member of the Armed Forces of the United States or is the spouse or dependent child (as defined in A.R.S. §43-1001) of a person who was honorably discharged from the Armed Forces of the United States, and meets all of the following conditions: (1) The person claimed Arizona as his/her legal residence for at least twelve consecutive months prior to discharge as evidenced by a DD-2058; (2) The person demonstrated evidence of intent to be a resident of Arizona by satisfying at least one of the conditions set forth above in Section B - Intent to Establish a Domicile; (3) The person filed an Arizona Resident Income Tax Return with the Arizona Department of Revenue for the prior tax year on all income from all sources; and (4) The person physically relocated to Arizona following discharge.

Native American – The person is a member of an Indian tribe recognized by the United Department of Interior whose reservation land lies in this state and extends into another state and who is a resident of the reservation.

75 Miles of the Arizona Border – The person is domiciled within 75 miles of the Arizona border in Clark County, Nevada or Washington or Kane Counties, Utah, or in San Bernardino, Imperial, or Riverside Counties in California, including the cities of Needles, Blythe, El Centro, Brawley, and Winter Haven, and is enrolling in a total of no more than six (6) credit hours per semester offered in Mohave, La Paz, or Yuma Counties, Arizona by Arizona State University, Northern Arizona University, or the University of Arizona, or the person is domiciled within 75 miles of the Arizona border in Grant, Hidalgo, or Luna Counties in New Mexico and is enrolling in a total of no more than six (6) credit hours per semester offered in Cochise County, Arizona by Arizona State University, Northern Arizona University, or the University of Arizona. This program is designed to reduce excess capacity; therefore, the Presidents of Arizona State University, Northern Arizona University, and the University of Arizona shall assure that their respective programs do not result in denying course offerings to Arizona residents or result in additional expenditures being required on course offerings.

Doctoral Graduate Student who is Candidate for Degree – 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.

Graduate Assistant or Graduate Associate – The person is a graduate assistant or graduate associate at Arizona State University, Northern Arizona University, or the University of Arizona whose assigned teaching or research responsibilities meet the guidelines established by the university for designation as a resident student.

Employee of a Public School District – The person is an employee of a public school district in this state and is under contract to teach on a full-time basis, or is employed as a full-time noncertified classroom aide at a public school within that school district. For purposes of this paragraph, the person is eligible to pay in-state tuition only for courses necessary to complete the requirements for certification by the State Board of Education to teach in a public school district in this state. No member of the person’s family is eligible for classification as an in-state student pursuant to this paragraph, although they may qualified under other exceptions.

 

When is a student’s residency status determined?

The admissions office at each university determines each student’s residency status when the completed application for admission is received and processed. The decision is based on the information contained in the application for admission, transcripts, and other documents required for admission. The residency status determined at this time remains in effect until the student either (1) fulfills the requirements for residency and petitions for a change of classification or (2) loses residency by his or her absence from Arizona with intent to become a resident of another state. Residency status is reviewed after any absence from the university of one semester of more.

 

How is a minor student’s residency status determined?

In Arizona, eighteen is the age of majority. Persons under the age of eighteen are considered minors under the law. The residency status for students under eighteen is based upon the domicile of the parents (or legal guardian, where the parents are deceased or whereabouts unknown.) In most cases a person must be 18 to begin to establish residency apart form his or her parents or guardian.

 

What is the policy about establishing residency while attending school in Arizona?

All of the evidence is weighed under the presumption that a non-resident student’s presence in Arizona is primarily for the purpose of education and not to establish domicile, and that decisions of an individual as to the intent to establish domicile are generally made after the completion of an education and not before.

 

What is the resident status of immigrants, refugees and international students?

A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.

 

What effect does property ownership in Arizona have on tuition classification?

Property ownership in Arizona does not, by itself, constitute residency or entitlement to resident tuition.

 

Does living in Arizona with a relative other than parents have any effect on residency status?

No. This would have no influence on residency status.

 

If a student is a dependent of an Arizona university alumnus, would it have any effect on his or her tuition classification?

No. This would have no influence on residency status.

 

How does a student petition for a change in residency status?

A non-resident student who feels he or she has satisfied the residency requirements may obtain a “Petition for Resident Tuition Classification” from the appropriate institutional office. A change in residency classification is never automatic. It is always the student’s responsibility to initiate the petition.

 

Is there a deadline for submitting a petition for reclassification for residency?

Yes. The deadline is the last date of regular registration for credit, as published by each university. No petitions for reclassification will be accepted after that date.

 

Can a student appeal if his or her petition for residency is denied?

Yes. A request for review by a student classified as a nonresident shall be filed with the classification officer no later than 35 days from the last day of registration. The request shall be in writing, signed by the student and shall include (a) the student’s current mailing address; (b) the reasons why the student claims the classification determination is erroneous; and (c) a notarized statement setting forth all facts in support of the student’s claim that the classification determination is erroneous. Please see ABOR Policy 4-207 for more information.

 

Can a student who is classified as a resident lose resident status and be reclassified as a non-resident?

Absence from Arizona alone will not result in a loss of Arizona residency once established, unless the absence is accompanied by actions which indicate an intent to establish a new domicile.

Determination that false or misleading information was provided by the student may result in loss of resident status and dismissal from the university.

Residency status may be redetermined after any absence from the university.

 

Not all circumstances can be addressed in this brief summary. If you wish to discuss your particular situation, contact the Residency Classification Office at the university you plan to attend. The complete Arizona Board of Regents policy for determining tuition status can be found in Policy Manual Section 4-201 –4-207.

These guidelines represent regulations approved by the Arizona Board of Regents and are subject to change without notice.

 

 

 

webrev 5/2003