Idaho Residency Law

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 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:

1. 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.

2. 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.

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.

• 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.

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.

• D1 Proof of marriage, usually by marriage certificate, is required, as is proof of resident status in the form of an affidavit.

5. 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.

6. An officer or enlisted member of the Idaho National Guard.

7. 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.

8. 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.

9. 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.

10. 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" under the provisions of section 1.0, and shall include:

• 2a 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.
• 2b 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 U.S. Citizenship and Immigration Services 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. 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:

• 3a Any of the following, if done for at least twelve (12) months before the term in which the student proposes to enroll as a resident students, proves the establishment and maintenance of domicile in Idaho for purposes other than educational and supports classification of a student as an Idaho resident:

• 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.

• 3b Establishment of five (5) of the following seven (7) factors, if done for at least twelve (12) months before the term in which the student proposes to enroll as a resident student, proves the establishment and maintenance of domicile in Idaho for purposes other than educational:

• 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.

4.0 Special Graduate and Professional Programs

• 4a 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.
• 4b 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.
• 4c 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

• 6a 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.
• 6b 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. (University of Idaho remains responsible for complying with requirements set forth in regulations of the U.S. Citizenship and Immigration Services relating to non-immigrant alien students until such time as the alien is granted lawful resident alien status by the U.S. Citizenship and Immigration Services.)

7.0 Procedures to be Observed in Determining Resident Status

• 7a 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.
• 7b The designated residency classification officer for currently enrolled University of Idaho 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) 885-6731.
• 7c 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.
• 7d 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, PO Box 443019, Moscow, Idaho 83844-3019 (208) 885-4001), and file the completed, notarized affidavit with the appropriate office.
• 7e An Affidavit requesting a change in resident status may be filed no later than ten (10) school days after the first day of the semester for which the change in status is sought.
• 7f The burden of proof in requesting a change in resident status rests with the student.
• 7g 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 misclassified 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.
• 7h 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.
• 7i 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.
• 7j 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.