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.
Paragraphs A through J set forth the various ways a student can be classified as a "resident student." For any public institution of higher education in Idaho, a "resident student" is:
Any student who has one (1) or more parent or parents or court-appointed guardians who are domiciled in the state of Idaho, and the parent, parents or guardians provide at least fifty percent (50%) of the student’s support. Domicile, as used in this section, 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 twelve (12) months prior to the opening day of the term for which the student matriculates.
Any student, who receives less than fifty percent (50%) of the student's support from a parent, parents or legal guardians and who has continuously resided and maintained a bona fide domicile in the state of Idaho primarily for purposed other than education for twelve (12) months next preceding the opening day of the term during which the student proposes to attend the college or university.
- B1 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.
- B2 "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.
- B3 "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.
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.
- C1 "Accredited secondary school" means an Idaho secondary school accredited by a regional accrediting association.
- C2 "Term immediately following graduation" does not include the summer semester or term of a college or university.
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.
- D1 Proof of marriage, usually by marriage certificate, is required, as is proof of resident status in the form of an affidavit.
A member of the armed forces of the United States, stationed in the state of Idaho on military orders.
- E1 "Armed forces" means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. It does not include National Guard from states other than Idaho and other reserve forces.
- E2 The University may request a certified copy of the military orders.
An officer or enlisted member of the Idaho National Guard.
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.
- G1 "Armed forces" means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. It does not include National Guard from states other than Idaho and other reserve forces.
- G2 "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.
- G3 "Continuous attendance" means attendance at a college or university for continuous and succeeding semesters or terms excluding summer semesters or terms.
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.
- H1 "Armed forces" means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. It does not include National Guard from states other than Idaho and other reserve forces.
- H2 The University may request a certified copy of the DD-214 separation papers.
Any individual who has been domiciled in the state of Idaho, has qualified and would otherwise be qualified under the provisions of this statute and who is away from the state for a period of less than thirty (30) months and has not established legal residence elsewhere provided a twelve (12) month period of continuous residence has been established immediately prior to departure; provided however, time spent away from the state while enrolled in a postsecondary education program shall not be included in the thirty (30) months. Such time spent away from the state while enrolled shall include normal academic year breaks, such as summer breaks or breaks between semesters or quarters, that occur prior to the receipt of the postsecondary degree.
- I1 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.
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.
A "non-resident student" shall mean any student who does not qualify as a "resident student" under the provisions of section 1.0, and shall include:
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. A student who is enrolled for more than eight (8) hours in any semester or quarter during a twelve (12) month period shall be presumed to be in Idaho for primarily educational purposes. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile in this state unless the student proves, in fact, establishment of a bona fide domicile in this state primarily for purposes other than educational. In determining whether a student is domiciled in the state of Idaho primarily for purposes other than educational shall consider the following:
- Filing of Idaho state income tax returns covering a period of at least twelve (12) months before the term in which the student proposes to enroll as a resident student.
- Permanent full-time employment or the hourly equivalent thereof in the state of Idaho.
- Ownership by the student of the student's living quarters.
- Registration and payment of Idaho taxes or fees on a motor vehicle, motor home, travel trailer or other item of personal property for which state registration and the payment of a state tax or fee is required;
- Registration to vote for state elected officials in Idaho at a general election;
- Holding an Idaho driver's license or Idaho state-issued ID card;
- Evidence of abandonment of a previous domicile;
- Presence of household goods in Idaho;
- Establishment of accounts with Idaho financial institutions;
- Other similar factors indicating intent to be domiciled in Idaho and the maintenance of such domicile. Factors may include, but are not limited to enrollment of dependent children in Idaho primary or secondary schools, establishment of acceptance of an offer of permanent employment for self in Idaho, or documented need to care for a relative in Idaho.
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.