<p>What is your housing situation for the coming year? If you have an off-campus apartment with a 12 month lease, you should be able to defend you are a state resident.</p>
<p>Droog - By most InState/OOS guidelines, you are currently Stateless. That could either be a problem or an opportunity … depending on your interpersonal skills. It will take some doing, but I’d recommend doing a bunch of research before taking any course of action. JMHO.</p>
<p>^ For example if you were a University of Connecticut undergrad, and you did the appropriate research, you would find this:</p>
<p><a href=“http://admissions.uconn.edu/content/residency?destination=node/5420[/url]”>http://admissions.uconn.edu/content/residency?destination=node/5420</a></p>
<p>Sec. 10a-29. (Formerly Sec. 10-329e). Determination of student status. The following shall determine the status of a student:</p>
<p>(1) Every person having his domicile in this state shall be entitled to classification as an in-state student for tuition purposes. Except as otherwise provided in this part, no person having his domicile outside of this state shall be eligible for classification as an in-state student for tuition purposes;</p>
<p>(2) The domicile of an unemancipated person is that of his parent;</p>
<p>…</p>
<p>(4) Any unemancipated person who remains in this state when such person’s parent, having theretofore been domiciled in this state, removes from this state, shall be entitled to classification as an in-state student until attainment of the degree for which such person is currently enrolled, as long as such person’s attendance at a school or schools in this state shall be continuous;</p>
<p>Be honest. Contact the admin at your school.
Since they moved this summer you are good for this year with the grace period as you put it…
You should consider the costs of changing state residency–meaning if you want to stay in-stae…you need a LEGAL address, a PO does not suffice.
You need a voter registration, a drivers license, car registration etc, tax return with legal domicle address etc etc in the state…</p>
<p>It may not be worth the hassle and $ of renting a place and retaining the state as your domicle compared to your Sr yr tuition change.</p>
<p>Plus you may want to check regarding tax returns etc for your parents…</p>
<p>OK, I was interested in this issue and did some poking around. It looks like the OP lives either in Florida or North Carolina, both of which have the weird 12-month grace period rule (that I couldn’t find anywhere else), and both of which – also fairly uniquely – seem to impose a duty on students to inform their institutions of changes in their residency status. </p>
<p>Everyone else’s rule seems to be some version of the Connecticut rule cited above – if you were a resident when you first enrolled, and you stay continuously enrolled on a normal basis, you are a resident until you get the degree for which you enrolled. And it’s clear most places that no one has authority to question the residence of a student who was properly classified as a resident at first enrollment and has not withdrawn.</p>
<p>Both Florida and North Carolina, however, have another rule that could solve the problem for the OP: While someone eligible to be claimed as a dependent on federal tax returns is generally presumed to have his parents’ residence, that rule does not apply if the dependent has lived in the state (FL or NC) for five continuous years prior to enrolling or re-registering. (It’s not clear whether you have to count the five years back from first enrollment, or from the beginning of the most recent enrollment period. I think it’s the latter, if that makes a difference.) So you could only lose your (FL or NC) residency because of your parents moving if you had been living in the state for less than five years before your next enrollment date (or your first enrollment date maybe).</p>
<p>If that doesn’t solve the problem, there’s another fillip: The 12-month grace period can go as long as three semesters, because it includes any term that starts before the anniversary date. So by taking summer classes, someone like the OP could get within one semester of graduation at in-state rates – almost certainly a much better deal than trying to transfer to an institution in the parents’ new home state.</p>
<p>EDIT: It also occurs to me that there’s an important nuance that can eliminate the inconsistency between the two provisions cited by the OP. The 12-month grace period is not limited to the original institution in which a student was enrolled or the original degree program. Someone whose parents moved out of state while he was at a community college could transfer to a bachelor’s degree program at a university as a resident under the grace period, while the continuous-enrollment rule applies only to one institution and one degree.</p>
<p>The Connecticut information above is incomplete.</p>
<p>The next section reads:</p>
<p>Sec. 10a-30. (Formerly Sec. 10-329f). Presumptions. Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that: (1) The establishment of a new domicile in this state by an emancipated person has not occurred until he has resided in this state for a period of not less than one year;(2) No emancipated person shall be deemed to have gained residence while attending any educational institution in this state as a full-time student, as such status is defined by the governing board of such institution, in the absence of a clear demonstration that he has established domicile in the state;(3) Once established, a domicile is not lost by mere absence unaccompanied by intention to establish a new domicile;(4) The domicile of any emancipated person receiving regular financial assistance from his parent, or whose parent’s income was taken into account by any private or governmental agency furnishing financial educational assistance to such person, including scholarships, loans or otherwise, is that of his parent…</p>
<p>Not completely clear between the two sections.</p>
<p>Yes it IS completely clear between the two sections in Connecticut! The -29 section contains fixed rules. The unemancipated person in clause (4) “shall be entitled to classification as an in-state student” if the requirements are met. The -30 section contains general presumptions, which can be rebutted by appropriate evidence, and would be trumped by the mandatory language of -29.</p>
<p>re Conn. Emancipation is for minors, not adults- people of legal age. This covers kids who “divorce” their parents or otherwise want to live away from them. Once you are an adult as long as you maintain your instate residency you are fine. A three month visit to your parents home in the summer isn’t changing your residence as long as you don’t change your legal address by getting that state’s driver’s license of registering to vote there. Many UW dorm residents chose to vote in Madison in the last election instead of in their home towns.</p>
<p>The whole idea of being an adult is no longer being tied to your parents legally. Your parents no longer have responsibility for your actions. Technically they are also not responsible for your expenses or debts either, unless they cosign for them just as for any nonrelative. Eons ago most students were still minors for the first two years or so- until they changed the legal age of majority.</p>
<p>Wow, this has turned into quite a legal discussion. I would go back to original advice early on and go talk to admin at the college, hopefully to someone you have some relationship with. Maybe they would be sympathetic to your plight and lobby for you to whoever is the decision maker.</p>
<p>It’s kind of strange. If a 21 year old has rented an apartment, the lease in his/her own name, and has worked and paid taxes in a state, and has ID from that state, I’m unclear on how an “institution” gets to determine a different residency. If you pay taxes in a state, then you are contributing…</p>
<p>Odd.</p>
<p>I wonder if some of these “residency” laws are even legal?</p>
<p>Yes, talk to the school! I found the residency people at my son’s OOS school to be quite helpful. They actually told me ways my son could get in-state residency.</p>
<p>Thumper1, </p>
<p>I got financial aid for this semester since since I filed my FAFSA before we moved, so I don’t have to worry about that until next year, but you’re right, it will become obvious.</p>
<p>JHS,</p>
<p>The state is NC. Since I have yet to officially change my address (mail forwarding lasts for one year) I was thinking I could maybe hold off on changing it until the start of next year. That way, the 12-month rule could get me from Spring 2013 to Spring 2014 (graduation). Either that, or I could change my address to my campus apartment and hope that the school doesn’t ask any questions. </p>
<p>Thank you everyone that’s replied so far. As far as proof of residency, I have a driver’s license and part-time job in the state where I’m studying.</p>
<p>Droog55 - If you have a car, make sure it is also registered in the state you’re studying in. You need all signs to point to you being a permanent resident of that state. Also, other’s have mentioned, register to vote, and do vote. Again, this shows you identify as part of this community/state.</p>
<p>droog5:</p>
<p>Be careful!
<a href=“http://www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf[/url]”>http://www.northcarolina.edu/legal/residence/committee/manual/Residence_Manual_Aug_2010.pdf</a>, p. 27.</p>
<p>Can you not take advantage of the 5-year rule? That would completely solve your problem if you can. You may be OK even without it, although there would have to be a discussion. But with it there’s no way you would lose – basically it makes your parents’ residence irrelevant. When did you move to North Carolina? As I interpret the manual above, you would still have to bring it to the attention of the university within the next term, but your case would be a no-brainer. If you can’t use the 5-year rule, you really need to marshal your evidence, and it may make sense to hire a lawyer if you don’t have to spend too much on that.</p>
<p>Generally, you do not lose your residency after you start school.</p>
<p>LMKH, that’s not particularly helpful. The rules vary by state and by school. JHS has the rules for the specific state where the OP lives.</p>
<p>State residency laws are odd and vary from school to school. D1 wants to go to vet school. At this point, her #1 choice only requires you live in the state a year to gain residency, so she would plan to be able to call herself a resident after the first year and get the in-state tuition. I will advise her to change her DL, car license, voter registration, etc as soon as she gets there to validate it.</p>
<p>I know OP is in North Carolina, but for anyone else who might struggle with this in the future, I researched this in depth before our family move from California to Texas this summer with DS1 starting at a UC with in-state tuition. California has pretty clear rules once I figured them out–Under one provision S needed to stay in the state after we left (he did-we parked him with family friends for the six weeks between us leaving and him starting school), he needed to start at that school within one calendar year (also satisfied), and he has to stay at that school through graduation and evince his intention to be a California resident (when he turns 18 registering to vote, driver’s license etc.)
I got a little worried after we got here that he might want to transfer or whatever and found a second provision that makes him a Cal resident for tuition purposes if he attended at least three years out of four for high school at a California high school and graduated or got the equivalent (and the schools don’t have to be only one, just all located in California).<br>
See generally, [UCSC</a> General Catalog 2011-12 - Appendixes](<a href=“http://reg.ucsc.edu/catalog/html/appendixes.html#gen_rules]UCSC”>http://reg.ucsc.edu/catalog/html/appendixes.html#gen_rules)<br>
and see also
<a href=“http://www.arc.losrios.edu/Documents/Admissions_Records/AB540.pdf[/url]”>http://www.arc.losrios.edu/Documents/Admissions_Records/AB540.pdf</a>
The three years of high school (assuming current non-resident status) requires some more hoops, however, so we are staying on the safe side and continuing all the indicia of him being a California resident.<br>
Interesting discussion!</p>
<p>JHS, thanks for that link. As a NC resident I never saw that doc. When we were researching the topic 4 years ago it seemed each UNC campus had their own residency rules, which is probably why that document was produced in 2010. </p>
<p>droog55, you were a resident of NC when your parents were here, and you remain a resident after they leave. I gather you were using your parents’ NC address as your home address, which you can’t use after they move. Sure, it makes sense to change your address to your campus apartment. You should already have a NC drivers license, voter registration, and filed tax returns because you lived here with your parents. </p>
<p>I am not going to read that entire pdf posted by JHS, but you certainly should. I doubt there is anything in there that will create a definitive insurmountable problem for you.</p>
<p>Get a part-time job and stay in-state. Keep your in-state driver’s license. File in-state income taxes. Vote. Just keep on keepin’ on.</p>