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Residency Eligibility Circumstances

The following are the circumstances under which a student may qualify for resident student status as provided by the  Utah Code § 53B-8-102, et seq., and Board of Regents Policies R512 and R513. If you feel that you qualify for resident student status while at Snow College under one of these circumstances, complete and sign the appropriate residency application and provide it before the third week of the semester with the evidence outlined below for that circumstance. If there is not a residency application specified below, please use the general residency application

 

Change of Residency for Educational Purposes 

To be eligible to be considered for Utah Residency, applicants who came to Utah for the purpose of attending an institution of higher education must do the following:

  1. Reside in Utah for twelve continuous months, starting July 1, 2007, or anytime thereafter*
  2. Not be claimed as a dependent on the tax returns of a person who is not a resident of Utah
  3. Take steps that establish an intent to become a resident of Utah (see Objective Evidence)
  4. Submit an Application for Residency (General) with the objective evidence by the end of the third week of the semester

* Please note, you cannot be absent from the state for more than 29 total days during that 12 month period (not necessarily 29 consecutive days). See Frame v. Residency Appeals Comm. Of Utah State Univ., 675 P.2d 1157 (Utah 1983); Board of Regents Policy and Procedure R512. To prove this, you must provide bank statements for those twelve continuous months. 

Marriage to a Utah Resident

If you married a Utah resident and have become a Utah resident yourself, provide the following: 

  1. Evidence of not being claimed as a dependent on the tax returns of a person who is not a resident of Utah; 
  2. A marriage certificate dated before the beginning of the semester;
  3. Objective evidence of your intent to become a Utah resident (see note below); 
  4. Objective evidence of your spouse's and residency; and 
  5. An Application for Residency (General) by the end of the third week of the semester

Note: There is no time requirement under this situation for number 3 above. That is, you do not need to provide objective evidence dated at least 90 days before the semester. You need only provide some of the evidence listed as objective evidence. 

Residency Change for Permanent, Full-time Employment

A student who has come to Utah for full-time permanent employment, or who is an immediate family member of an individual who has come to Utah for full-time permanent employment, may rebut the presumption of a nonresident classification by providing substantial evidence that the reason for the move to Utah was, in good faith, based on an employer-requested transfer to Utah, recruitment by a Utah employer, or a comparable work-related move for full-time permanent employment in Utah.

In addition to objective evidence, all relevant evidence concerning the motivation for the move will be considered, including, but not limited to, such factors as:

  1. The employee's employment and educational history;
  2. The dates when Utah employment was first considered, offered, and accepted;
  3. When the person moved to Utah;
  4. The dates when the person applied for admission, was admitted, and was enrolled as a postsecondary student;
  5. Whether the person applied for admission to a USHE institution sooner than four months from the date of moving to Utah;
  6. Evidence that the person is an independent person (at least 24 years of age, or not listed as a dependent on someone else's tax forms); and
  7. Any other factors related to abandonment of a former domicile and establishment of a new domicile in Utah for purposes other than to attend an institution of higher education.

Parent Residing in Utah for at Least 12 Months

A dependent student who has at least one parent who has been continuously domiciled in Utah for the 12 months prior to the first day of class of the semester for which the student is seeking resident status is eligible for resident student status. The student is responsible to submit evidence of dependency and objective evidence demonstrating that the parent has established domicile in Utah with an Application for Residency.

Divorce, death of spouse, or long-term health-care responsibilities for a family member

A student who resides in Utah for reasons related to divorce, the death of a spouse, or long-term health care responsibilities for the student’s spouse, parent, sibling, or child, may rebut the presumption of nonresident status by providing substantial evidence that the reason for the student’s move to Utah was, in good faith, based on the long-term health care responsibilities.

In addition to objective evidence (as defined above), all relevant evidence concerning the motivation for the move will be considered, including:

  1. the student's employment and educational history;
  2. the dates when the long-term health care or child care responsibilities in Utah were first considered, offered, and accepted;
  3. when the student moved to Utah;
  4. the dates when the student applied for admission, was admitted, and was enrolled as a postsecondary student;
  5. whether the student applied for admission to a USHE institution sooner than four (4) months from the date of moving to Utah;
  6. evidence that the student is an independent person (i.e. at least 24 years of age or not claimed as a dependent on someone else's tax returns); and
  7. any other factors related to abandonment of a former domicile and establishment of a new domicile in Utah for purposes other than to attend an USHE institution.

Membership of an American Indian tribe

First American Indian Exemption.

Any American Indian who is enrolled on the tribal rolls of a tribe whose reservation or trust lands lie partly or wholly within Utah or whose border is at any point contiguous with the border of Utah is entitled to be granted nonresident exempt status. To qualify, a student must provide evidence of membership in a tribe that satisfies the above criteria.

Second American Indian Exemption.

Any American Indian who is a member of a federally recognized or known Utah tribe and has graduated from a Utah high school is entitled to be granted nonresident exempt status. A list of recognized tribes is maintained by the Office of the Commissioner of Higher Education and distributed to all campus residency officers.

International Students

International Students with Nonimmigrant Visas.

Students who are aliens and who are present in the United States on visitor, student, or other visas which authorize only temporary presence in this country, do not have the capacity to intend to reside in Utah for an indefinite period and therefore will be classified as nonresident.

International Students with Immigrant Visas.

Students who are aliens and who have been granted immigrant or permanent resident status in the U.S. shall be classified for purposes of resident status according to the same criteria applicable to citizens.

International Students On Asylum Or Refugee Status. 

An international student who has obtained asylum or refugee status under U.S. immigration law shall be classified for purposes of resident status according to the same criteria applicable to citizens. To qualify for nonresident exempt status under this rule, applicants must provide the following:

  1. A copy their INS I-94, which should include the following stamp or something similar to it: “Admitted as a Refugee Pursuant to Section 207 of the INA for an Indefinite Period of Time”;
  2. Written confirmation from an organization responsible for placement of refugees (e.g. Catholic Community Services of Utah) that the refugee has been assigned to be resettled in Utah; and
  3. Documentary evidence of Utah domicile, which may include but is not limited to two indicia of Utah domicile (as defined in the residency policy).

Refugees placed in another state subsequently moved to Utah voluntarily, must provide:

Undocumented International Students. 

If allowed by federal law, a student, other than a nonimmigrant student within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United State Code (see section on international students in this policy), shall be exempt from paying the nonresident portion of total tuition if the student:

  1. attended high school in this state for three or more years;
  2. graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
  3. registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.

In addition to these requirements, the student must file an affidavit with Snow College stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.

Job Corps Student

A Job Corps student is entitled to nonresident exempt status if the student:

  1. is admitted as a full-time, part-time, or summer school student in a program of study leading to a degree or certificate; and
  2. submits verification that the student is a current Job Corps student.

Upon termination of the student’s Job Corps enrollment/participation, the student shall be subject to the same residency standards applicable to other persons under this policy. The time spent residing in Utah during the Job Corps enrollments will count towards the time period set forth in this policy for resident status.

Participation in an Olympic Training Program

A student who is residing in Utah to participate in a United States Olympic athlete training program, at a facility in Utah, approved by the governing body for the athlete's Olympic sport, shall be immediately eligible for nonresident exempt status. The student shall certify his or her participation in the Olympic training program through a supporting letter from the United States Olympic Committee verifying eligibility.

Upon the termination of the Student's participation in such training program, the student shall be subject to the same residency standards applicable to other persons under this policy. The time spent residing in Utah during the Olympic athlete training program in Utah counts toward the time period set forth in the residency policy.

Recipient of Utah Social Services Benefits

A person who has been determined by a Utah governmental social or rehabilitation services agency to be a Utah resident for purposes of receiving state aid to attend a USHE institution is immediately eligible to apply for nonresident exempt status. The state aid must, at a minimum, cover the full cost of resident tuition. Upon the termination of such government agency support, the person is governed by the standards applicable to other persons. Any time spent residing in Utah during the time the individual received government aid shall count toward the applicable time required by this policy for establishing resident student status.