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Idaho Residency




OFFICE of the REGISTRAR

SUB Room 119
PO Box 444260
Moscow, ID 83844-4260
phone: (208) 885-6731
fax: (208) 885-9061
registrar@uidaho.edu

Idaho Residency Law

 

Idaho Residency Affidavit

This information is provided to assist applicants and current students in determining whether they are "resident students" under Idaho law and, if not, how they can become "resident students." Residency determinations are governed by rule of the Regents of the University of Idaho, found at IDAPA 08.01.04, and Idaho Code § 33-3717.

1.0 Resident Student

Paragraphs 1.1 through 1.9 set forth the various ways a student can be classified as a "resident student." A "resident student" is any one of the following:

  • 1.1 Any student who has one (1) or more parent or parents or court-appointed guardians who are domiciled in the state of Idaho. Domicile, in the case of a parent or guardian, means that individual's true, fixed and permanent home and place of habitation. It is the place where that individual intends to remain, and to which that individual expects to return when that individual leaves without intending to establish a new domicile elsewhere. To qualify under this section, the parent, parents or guardian must have maintained a bona fide domicile in the state of Idaho for at least one (1) year prior to the opening day of the term for which the student matriculates. In other words, at a minimum, the parent, parents or guardian must have maintained a bona fide domicile in the state of Idaho for the full twelve (12) month period immediately preceding the opening date of the term for which resident status is sought.
  • 1.2 Any student, who receives less than fifty percent (50%) of the student's support from a parent, parents or legal guardians who are not residents of this state for voting purposes, but which student has continuously resided in the state of Idaho for twelve (12) months next preceding the opening day of the term during which the student proposes to attend the college or university and who has in fact established a bona fide domicile in this state primarily for purposes other than educational.
    • 1.2.1 The term "continuously resided" means physical presence in the state for twelve (12) consecutive months. Absence from the state for normal vacations, family travel, work assignments, short-term military training, and similar occasions totaling not more than thirty (30) days during the twelve (12) month qualifying period, in and of itself, will not be regarded as negating the continuous residence of the individual.
    • 1.2.2 "Support" means financial support given to the student during the twelve (12) months preceding the opening date of the term for which resident status is requested. Any student who receives less than fifty percent (50%) support may demonstrate this by showing that he or she is not claimed as a dependent by a parent or guardian for income tax purposes or that a parent or guardian provides less than fifty percent (50%) of the cost of attending an institution according to the financial aid office of that institution or that other similar evidence exists of parental support such as dental bills, medical bills, etc.
    • 1.2.3 "Domicile" means an individual's true, fixed, and permanent home and place of habitation; the place where the individual intends to remain and to which the individual expects to return when he or she leaves without intending to establish a new domicile elsewhere. The establishment of domicile in Idaho occurs when a person is physically present in Idaho primarily for purposes other than educational and can show satisfactory proof that such person is without a present intention to return to another state or acquire a domicile at some other place outside the state and the person has met any other applicable requirements of this chapter. The establishment of domicile in Idaho is discussed in section 3.0 below.
  • 1.3 Unless disqualified as a "nonresident student" (defined in section 2 below), any student who is a graduate of an accredited secondary school in the state of Idaho, and who matriculates at a college or university in the state of Idaho during the term immediately following such graduation regardless of the residence of the student's parent or guardian.
    • 1.3.1 "Accredited secondary school" means an Idaho secondary school accredited by the State Board of Education.
    • 1.3.2 "Term immediately following graduation" does not include the summer semester or term of a college or university.
  • 1.4 The spouse of a person who is classified, or is eligible for classification, as a resident of the state of Idaho for the purposes of attending a college of university.
    • 1.4.1 Proof of marriage, usually by marriage certificate, is required, as is proof of resident status in the form of an affidavit.
  • 1.5 A member of the armed forces of the United States, stationed in the state of Idaho on military orders.
    • 1.5.1 "Armed forces" means the United States Army, Navy, Air Force, and Marine Corps. It does not include the United States Coast Guard, National Guard, or other reserve force.
    • 1.5.2 The University may request a certified copy of the military orders.
  • 1.6 A student whose parent or guardian is a member of the armed forces and stationed in the state of Idaho on military orders and who receives fifty percent (50%) or more of support from parents or legal guardians. The student, while on continuous attendance, shall not lose that residence when the student's parent or guardian is transferred on military orders.
    • 1.6.1 "Armed forces" means the United States Army, Navy, Air Force, and Marine Corps. It does not include the United States Coast Guard, National Guard, or other reserve force.
    • 1.6.2 "Support" means financial support given to the student during the twelve (12) months preceding the opening date of the term for which resident status is requested. Any student who receives fifty percent (50%) or more of his or her support may demonstrate this by showing that he or she is claimed as a dependent by a parent or guardian for income tax purposes or that a parent or guardian provides fifty percent (50%) or more of the cost of attending an institution according to the financial aid office of that institution or that other similar evidence exists of parental support such as dental bills, medical bills, etc.
    • 1.6.3 "Continuous attendance" means attendance at a college or university for continuous and succeeding semesters or terms excluding summer semesters or terms.
  • 1.7 A person separated, under honorable conditions, from the United States armed forces after at least two (2) years of service, who at the time of separation designates the state of Idaho as his or her intended domicile or who has Idaho as the home of record in service and enters a college or university in the state of Idaho within one (1) year of the date of separation.
    • 1.7.1 "Armed forces" means the United States Army, Navy, Air Force, and Marine Corps. It does not include the United States Coast Guard, National Guard, or other reserve force.
    • 1.7.2 The University may request a certified copy of the DD-214 separation papers.
  • 1.8 Any individual who has been domiciled in the state of Idaho, has qualified and would otherwise be qualified under the provisions of Idaho Code § 33-3717 and who is away from the state for a period of less than one (1) calendar year and has not established legal residence elsewhere provided a twelve (12) month period of continuous residence has been established immediately prior to departure.
    • 1.8.1 The term "continuous residence" means physical presence in the state for twelve (12) consecutive months. Absence from the state for normal vacations, family travel, work assignments, short-term military training, and similar occasions totaling not more than thirty (30) days during the twelve (12) month qualifying period, in and of itself, will not be regarded as negating the continuous residence of the individual.
  • 1.9 A student who is a member of any of the following Idaho Native American Indian tribes, regardless of current domicile, shall be considered an Idaho state resident for purposes of tuition at institutions of higher education: Members of the following Idaho Native American tribes, whose traditional and customary tribal boundaries included portions of the state of Idaho, or whose Indian tribe was granted reserved lands within the state of Idaho; (i) Coeur d'Alene tribe, (ii) Shoshone-Paiute tribes; (iii) Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v) Kootenai tribe.

2.0 Non-resident Student

A "non-resident student" shall mean any student who does not qualify as a "resident student" and shall include:

  • 2.1 A student attending an institution in this state with the aid of financial assistance provided by another state or governmental unit or agency thereof, such non-residency continuing for one (1) year after the completion of the semester for which such assistance is last provided.
  • 2.2 A person who is not a citizen of the United States of America, who does not have permanent or temporary resident status or does not hold "refugee-parolee" or "conditional entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of the law and who does not also meet and comply with all applicable requirements of this section.

3.0 Establishment of a New Domicile in Idaho

The establishment of a new domicile in Idaho by a person formerly domiciled in another state has occurred if such person is physically present in Idaho primarily for purposes other than educational and can show satisfactory proof that such person is without a present intention to return to such other state or to acquire a domicile at some other place outside of Idaho. Institutions determining whether a student is domiciled in the state of Idaho primarily for purposes other than educational shall consider, but shall not be limited to, the following factors:

  • 3.1 Registration and payment of Idaho taxes or fees on a motor vehicle, mobile home, travel trailer, or other item of personal property for which state registration and the payment of a state tax or fee is required.
  • 3.2 Filing of Idaho state income tax returns.
  • 3.3 Permanent full-time employment or the hourly equivalent thereof in the state of Idaho.
  • 3.4 Registration to vote for state elected officials in Idaho at a general election.
  • 3.5 Real property ownership in Idaho.
  • 3.6 Holding of an Idaho driver's license.
  • 3.7 Evidence of the abandonment of a previous domicile.
  • 3.8 The presence of household goods in Idaho.
  • 3.9 The establishment of accounts with Idaho financial institutions.
  • 3.10 And other similar factors indicating intent to be domiciled in Idaho.

4.0 Special Graduate and Professional Programs

  • 4.1 For students who apply for special graduate and professional programs including, but not limited to the WWAMI (Washington, Wyoming, Alaska, Montana, Idaho) Regional Medical Program, the WICHE Student Exchange Programs, Creighton University School of Dental Science, the University of Utah College of Medicine, and the Washington, Oregon, Idaho (WOI) Regional Program in Veterinary Medical Education, no applicant shall be certified or otherwise designated as a beneficiary of such special program who has not been a resident of the state of Idaho for at least one (1) calendar year previous to the application date. For purposes of this section, the requirement of "at least one calendar year" means a period of twelve (12) consecutive months of continuous residency consistent with the requirements of Section 33-3717, Idaho Code, immediately prior to the date of application.
  • 4.2 The term "continuous residency" means physical presence in the state for twelve (12) consecutive months. Absence from the state for normal vacations, family travel, work assignments, short-term military training, and similar occasions totally not more than thirty (30) days during the twelve (12) month qualifying period, in and of itself, will not be regarded as negating the continuous residence of the individual.
  • 4.3 Applicants for the special graduate and professional programs, upon institutional denial of residency status, may petition the Board for a hearing on the denial. The decision to grant such a hearing is discretionary with the Board and will be granted for errors in determination of residency pursuant to Section 33-3717, Idaho Code.

5.0 Resident Classification by All Institutions

Any student classified as a resident for purposes of higher education by one institution must be considered a resident by all other institutions. "Institutions" means the University of Idaho, Idaho State University, Boise State University, and Lewis-Clark State College.

6.0 Interpretations Relating to Residency Classification

  • 6.1 Common Law Marriage. Any student who wants to establish residency on the basis of a common law marriage must complete an Affidavit of Common Law Marriage as approved by the Board of Regents.
  • 6.2 Nonresident Aliens - Marital Privilege. Nonresident aliens who marry Idaho residents become eligible for residency classification for purposes of higher education, as provided in Section 33-3717, Idaho Code, upon filing proof of marriage in the appropriate office. (UI remains responsible for complying with requirements set forth in regulations of the U.S. Immigration and Naturalization Service relating to non-immigrant alien students until such time as the alien is granted lawful resident alien status by the U.S. Immigration and Naturalization Service.)

7.0 Procedures to be Observed in Determining Resident Status

  • 7.1 The legal residence of a student for purposes of this policy is determined at the time of initial application for admission to the University and remains unchanged in the absence of satisfactory evidence that a change is appropriate.
  • 7.2 The designated residency classification officer for currently enrolled UI students is the Registrar. Requests for information on or clarification of Idaho residency requirements should be addressed to the Registrar's Office, University of Idaho, Student Union Building, PO Box 444260, Moscow, Idaho 83844-4260 (208) 885-5566.
  • 7.3 The designated residency classification officer for WWAMI and WOI students is the Director of Admissions. Requests for information on or clarification of Idaho residency requirements should be addressed to the Admissions Office, University of Idaho, Student Union Building, PO Box 444264, Moscow, Idaho 83844-4264 (208) 885-6326.
  • 7.4 Students not currently or previously enrolled who wish to demonstrate a change in resident status must obtain an Idaho Residency Information Affidavit (Affidavit) from the Admissions Office for undergraduate and law students (Student Union Building, PO Box 444264, Moscow, Idaho 83844-4264 (208) 885-6326), or the Graduate Admissions Office for graduate students (Morrill Hall, Room 105, Moscow, Idaho 83844-3019 (208) 885-4001), and file the completed, notarized Affidavit with the appropriate office.
  • 7.5 An Affidavit requesting a change in resident status may be filed no later than fifteen (15) school days after the first day of the semester for which the change in status is sought.
  • 7.6 The burden of proof in requesting a change in resident status rests with the student.
  • 7.7 A person who has been classified as an Idaho resident or who has been continued in such classification through any concealment of facts or as a result of false statements, or mis-classified through institutional error which is subsequently corrected, shall be responsible for full payment of appropriate fees. Further, when the default is willful, a student may be subject to appropriate institutional disciplinary or legal action.
  • 7.8 Any student who contests the University's residency classification decision may appeal the decision. The student must be informed of his or her right to appeal, must request the appeal in writing, and must comply with deadlines established by the University for requesting such appeal. By requesting an appeal, the student agrees to the release of information to all review bodies and any other body or individual necessary for prosecution of the appeal or compliance with these procedures.
  • 7.9 Appeals from administrative decisions regarding resident status are to the Administrative Hearing Board (AdHB). See Faculty-Staff Handbook 1640.06 and 2100 B-3. The student initiates the appeal process by filing a written appeal with the appropriate office describes in 7.2, 7.3, and 7.4 within fourteen (14) calendar days of the date of the decision being appealed. The appeal shall set forth in detail the reasons why the decision being appealed is believed to be erroneous. Within thirty (30) days following receipt of the student's written request to appeal the decision, the AdHB must meet and review the matter. The student making the appeal is responsible for presenting such evidence as the AdHB may request and such other evidence as the student may deem pertinent to his or her residency status. The individual who made the initial residency classification decision, or his or her designee, may be present to submit information relevant to each case being appealed. The student must be notified in writing of the AdHB's decision. The decision of the AdHB is final unless the student elects to appeal further to the Board of Regents.
  • 7.10 Any student who contests the decision of the AdHB may appeal to the Board of Regents. In such case, the student must advise the President of UI, in writing, of his or her request to submit an appeal. The President must arrange for a review by the Board or the Board's designated representatives. The decision of the Board is final and binding on all parties concerned, except as provided in Section 33-3717, Idaho Code.