Residency

The Council on Postsecondary Education provides the regulation which governs the determination of residency status for admission and tuition purposes in the public colleges and universities in the state of Kentucky.  All persons seeking a change in residency status should read this regulation.  The regulation is available on this web site and in the Registrar's Office.

The determination of residency status is made by the institution during the admissions process, and the determination is based on information available in the admissions records.  If the student disagrees with the initial determination, and the issues cannot be resolved directly with the Offices of Admission, a review of the determination of residency status may be requested.  The request for review is made by submitting a completed, signed, and notarized affidavit and all supporting documentation to the Registrar's Office within thirty (30)calendar days from the first day of class for the semester (Spring-Summer-Fall) you wish to appeal.

1. The appeal of the initial determination of residency is reviewed by the University’s Residency Appeals Officer.  
-If the decision is resident, the appeal is finalized. 
-If the decision is nonresident, the student may submit a written request to further appeal to the Residency Review Committee.

2. The Residency Review Committee reviews the determination made by the Residency Appeals Officer on the current record.  The Committee will render an independent decision within 45 days from the students’ written request.  The Committee generally meets during the third week of each month, date and time to be determined by the Committee.  Students may contact the Registrar's Office- Residency Appeals and Determinations for specific dates and times.
-If the decision is resident, the appeal is finalized. 
-If the decision is nonresident, the student may submit a written request to further appeal the determination made by the Residency Review Committee to the University’s Agency Head for a formal institutional hearing.

3. The Institution’s Agency Head shall appoint a hearing officer. The student is guaranteed due process, may attend the formal hearing, may provide documentation and testimony, and may be represented by legal counsel.  After the formal hearing, the Hearing Officer will provide the Agency Head with his/her Recommended Order.  The Agency Head will issue a final decision to the student.  The case is closed.

If your residency status is changed your scholarships and financial aid will be reevaluated.  Awards that required a student to be a nonresident will be removed.

Although certain presumptions about residency refer to a period of twelve (12) months, there is no specific time limit for establishing residency and domicile for a tuition and admission purpose.  The student is responsible for providing convincing evidence that residency and domicile have been established pursuant to Section 10 of 13 KAR 2:045.  All information submitted will be reviewed in terms of compliance with the residency regulation, and a written decision will be issued to the student.

If a person’s initial act upon arriving in the state of Kentucky is to enroll more than half-time in an institution of higher education, the person is subject to presumptions of nonresident.  If a person applied for admission before moving to Kentucky, the person is subject to the presumptions of nonresident.  However, if an enrolled person can provide clear and convincing evidence of domicile pursuant to regulating sections of the residency policy, then consideration will be given to a change in residency status.

The first step is to apply for admission to the University.  If you are admitted, you will be notified of your residency classification.  CAUTION: Once you are admitted to the University you should verify the conditions of your admission and your official residency status through the Student Servies tab in ULink. The Offices of Admission may request additional information to make the determination of residency.  If you are classified as a nonresident, and wish to appeal this determination, you may obtain appeal information, including the affidavit, suggested documentation, deadline and more from this website or the Registrar's Office.  A pre-applicant will benefit from reading the residency regulation, 13 KAR 2:045.

Due to the ease and convenience in completing these acts of domicile, they have limited value in a determination that a person is domiciled in and is a resident of Kentucky.

If you are a dependent person, you may take the resident status of either parent, regardless of which parent claims you for income tax purposes or has official custody.  As a dependent person, you may assume the residency status of the parent who lives in the state of Kentucky.  In this situation, it will be necessary for you to provide documentation to verify that your parent living in Kentucky is a resident according to Section 10 of the residency regulation.

Owning property, operating a business in Kentucky, or working in Kentucky, does not qualify a person as a resident for tuition and admission assessment purposes. "Domicile" means a person's true, fixed, and permanent home and is the place where the person intends to remain indefinitely.

A member of the armed forces of the United States, or the spouse or dependent child of the member of the armed forces, stationed in Kentucky on active duty military orders shall be considered a Kentucky resident.   The military orders must state that the assignment is for a period of thirty (30) days or longer.  A copy of the military orders must be submitted to the Registrar's Office as evidence at the time of admission or when requesting a review of residency status. 

For periods of enrollment that begin after July 1, 2009, members of the armed forces (Army, Navy, Air Force, Marine Corps, and Coast Guard) on active duty for a period of more than 30 days and his/her spouse, and his/her dependent children will be eligible to receive in-state tuition at public colleges and universities in the state where they reside or are permanently stationed. Once a Service member or their family members are enrolled and paying in-state tuition, they will continue to pay the in-state tuition rate as long as they 1. remain continuously enrolled at the institution even if the Service member is reassigned outside the state 2. continue in the same degree program.

A person claiming independent status must document that they are not being claimed by a parent or other person as a dependent, or as an exemption for federal and state tax purposes, and the person must provide documentation of their ability to provide the necessary financial resources to provide for their own sustenance, as sustenance is defined in Section 1 of 13 KAR 2:045, without dependence on student financial aid or financial help for any other person.  The conditions for independence are included in the residency regulation along with definitions for “independence” and for “sustenance”.

Section 3(4) of 13 KAR 2:045,  “Determination of Residency Status for Admission and Tuition Assessment Purposes,” requires that residency shall be based upon verifiable circumstances. Following is a suggested list of documents to accompany a request for review of residency for admission and tuition purposes. Other documents may be required by the institution or may be provided to support your application.

NOTE: If you are appealing as a dependent person seeking the domicile and residency of a Kentucky resident parent, documentation should apply to both yourself and your parent; if you are appealing as an independent person, documentation should apply to yourself; if you are married, documentation should apply to both yourself and your spouse. 

• Verification of present address (i.e., bank statement, utility bill, etc.)
• If you are applying as a dependent person, please provide a copy of Federal (Form 1040) and Kentucky (Form 740) state income tax forms of your parent(s) for the two (2) calendar years immediately preceding the date of application.  All tax forms must be complete copies with name, signature and date and include filer’s W-2 or 1099. Do not provide schedules or worksheets.
• If you are under 24 years of age and applying as an independent person, please provide a copy of your parent(s)’ federal and state income tax forms for the preceding calendar year. All tax forms must be complete copies with name, signature and date and include filer’s W-2 or 1099. Do not provide schedules or worksheets.
• Copy of most recent financial aid award notice and/or student aid report for ALL sources of student financial aid
• If you are applying as an independent person and your parent(s) claimed you on income tax returns for the preceding calendar year, please provide a notarized statement from your parent(s) regarding financial support
• Copy of both sides of resident alien card or copy of official INS approval for current visa, if applicable
• Letter from employer(s) on official company letterhead verifying job transfer or acceptance of employment; all employment letters MUST include the exact dates of employment, the length of tenure, salary, the number of hours worked per week, and the number of weeks required for the job during a calendar year
• If you are applying as an independent person, please provide a copy of your Federal (Form 1040) and Kentucky (Form 740) income tax forms for the two (2) calendar years immediately preceding the date of application. All tax forms must be complete copies with name, signature, date, and must include filer’s W-2’s or 1099's. Do not provide schedules or worksheets.
• If you did not file Kentucky state income tax forms for the preceding calendar year OR if you have accepted new employment since the preceding calendar year, provide a copy of the first and the most recent withholdings statement (pay stub) from your current employer verifying withholding of Kentucky state taxes
• Verification of payment of occupational taxes in Kentucky (i.e., current paystub)
• Verification of payment of real property taxes in Kentucky  (i.e., real estate)
• Copy of property deed to Kentucky residence, or copy of all pages of a signed lease agreement for non-collegiate housing
• Copy of current automobile registration
• Copy of current driver’s license
• Copy of voter registration
• Copy of current military orders, if applicable
• Copy of military document verifying that you are maintaining Kentucky as your home of record (DD-2058), copy of current pay stub, and copy of KY (Form 740) income tax return with W-2 for the preceding year,  if applicable
• Copy of military discharge (DD 2-14), if applicable
• Copy of United States court order awarding guardianship if claiming residence of legal guardian (18 years of age and under)
• Copy of marriage license, if applicable to provisions of subsection 10 (2)(j) of 13 KAR 2:045
• Copy of student birth certificate if you are applying as a dependent of parent(s) who are residents of Kentucky
• Any other documentation relevant to your situation and which might be supportive of your request for a review of your determination of residency status