It is the responsibility of the student to report a change of address and/or residency from an Ohio resident to a non-Ohio resident at the Office of Student Records. If the student's residency has changed to an Ohio resident, he or she must file a residency petition with the Office of Admissions. No change of residency can be made until the residency petition has been approved by the university examiner. Questions concerning residency should be directed to the university examiner in the Office of Admissions.
The residency rules described below were adopted by the Ohio Board of Regents effective November 1, 1989. The rules are subject to change without notice by the Ohio Board of Regents or the Ohio General Assembly.
A. Intent and Authority
This rule is adopted pursuant to Chapter 119 of the Revised Code, and under the authority conferred upon the Ohio Board of Regents by Section 3333.31 of the Revised Code. Effective date: November 1, 1989.
For purposes of this rule:
"Financial support" as used in this rule, shall not include grants, scholarships, and awards from persons or entities which are not related to the recipient.
An "institution of higher education" as used in this rule shall mean any university, community college, technical institute or college, general and technical college, medical college, or private medical or dental college which receives a direct subsidy from the state of Ohio.
For the purpose of determining residency for tuition surcharge purposes at Ohio's state-assisted colleges and universities, "domicile" is a person's permanent place of abode: there must exist a demonstrated intent to live permanently in Ohio, and a legal ability under federal and state law to reside permanently in the state. For the purpose of this policy, only one (1) domicile may be maintained at a given time.
For the purpose of determining residency for tuition surcharge purposes at Ohio's state-assisted colleges and universities, an individual's immigration status will not preclude an individual from obtaining resident status if that individual has the current legal status to remain permanently in the United States.
C. Residency for subsidy and tuition surcharge purposes
The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:
A person who has been a resident of Ohio for the purpose of this rule for at least 12 consecutive months immediately preceding his or her enrollment in an institution of higher education and who is not receiving, and has not directly or indirectly received in the preceding 12 consecutive months, financial support from persons or entities who are not residents of Ohio for all other legal purposes.
A dependent child of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, has accepted full-time, self-sustaining employment and established domicile in the state of Ohio for reasons other than gaining the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall include both of the following documents:
b. a copy of the lease under which the parent or spouse is lessee and occupant of rented residential property in the state; a copy of the closing statement on residential real property located in Ohio of which the parent or spouse is the owner and occupant; or if the parent or spouse is not the lessee or owner of the residence in which he or she has established domicile, a letter from the owner of the residence certifying that the parent or spouse resides at that residence.
D. Additional criteria which may be considered in determining residency for the purpose may include but are not limited to the following:
b. if a person qualifies to vote in Ohio;
c. if a person is eligible to receive state welfare benefits;
d. if a person has an Ohio driver's license and/or motor vehicle registration.
Criteria evidencing lack of residency:
b. if a person is a resident or intends to be a resident of another state or nation for any purpose other than tax liability, voting, or receipt of welfare benefits. (See paragraph 2., a. of this rule.)
E. Exceptions to the general rule of residency for subsidy and tuition purposes
A person who enters and currently remains upon active duty status in the United States military service while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile.
A person on active duty status in the United States military service who is stationed and resides in Ohio and his or her dependents shall be considered residents of Ohio for these purposes.
A person who is transferred by his or her employer beyond the territorial limits of the 50 states of the United States and the District of Columbia while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile as long as such person has fulfilled his or her tax liability to the state of Ohio for at least the tax year preceding enrollment.
A person who has been employed as a migrant worker in the state of Ohio and his or her dependents shall be considered a resident for these purposes, provided such person has worked in Ohio at least four months during each of the three years preceding the proposed enrollment.
In considering residency, removal of the student or the student's parents or legal guardian from Ohio shall not, during a period of 12 months following such removal, constitute relinquishment of Ohio residency status other-wise established under paragraph (C) (1) or (C) (2) of this rule.
For students who qualify for residency status under paragraph (C) (3) of this rule, residency status is lost immediately if the employed person upon whom resident student status was based accepts employment and establishes domicile outside Ohio less than 12 months after accepting employment and establishing domicile in Ohio.
Any person once classified as a nonresident, upon the completion of 12 consecutive months of residency, must apply to the institution he or she attends for reclassification as a resident of Ohio for these purposes if such person in fact wants to be reclassified as a resident. Should such person present clear and convincing proof that no part of his or her financial support is or in the preceding 12 consecutive months has been provided directly or indirectly by persons or entities who are not residents of Ohio for all other legal purposes, such person shall be reclassified as a resident.
Any reclassification of a person who was once classified as a nonresident for these purposes shall have prospective application only from the date of such reclassification.
Any institution of higher education charged with reporting student enrollment to the Ohio Board of Regents for state subsidy purposes and for assessing the tuition surcharge shall provide individual students with a fair and adequate opportunity to present proof of his or her Ohio residency for purposes of this rule. Such an institution may require the submission of affidavits and other documentary evidence which it may deem necessary to a full and complete determination under this rule.
University Publications and Computer Services revised this file (http://www.ohiou.edu/~gcat/97-99/reside.htm) on November 9, 1998.
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