University of Illinois > University-Wide Student Programs

USP

Contact USP

University-wide Student Programs
807 S. Wright St.
Suite 370
Champaign, IL 61820-6273

Email: layman@uillinois.edu
Phone: (217) 333-1171
Fax: (217) 244-3173

University-Wide Student Programs

FAQ About In-State and Out-of-state Residency

1a. What do I, an independent student, have to do to become an Illinois resident?

1b. What do I, a dependent student, have to do to become an Illinois resident?

2. How important is registering to vote and getting a driver’s license/or an Illinois identification card?

3. What is meant by gainful employment?

4. Do I have to file Illinois income taxes? Can my parents claim me in another state while I’m establishing residency?

5. If my parents move to Illinois, when can I become a resident?

6. What if my parents are divorced?

7. What if my parents move outside of Illinois?

8. What if I don’t receive an answer about my residency until after the last date to drop a course and receive a refund?

9. During the one-year period when I am establishing residency, can I be enrolled at the University?

10. I am an international person who has applied for permanent resident status in the United States. When may I be treated as a resident?

11. What about the H-1 visa?

12. What if I am on a temporary visa, but I marry a person who is a resident of Illinois?

13. I have lived in Illinois all my life, but left the state to attend undergraduate school. I wish to return to Illinois for graduate school. Will I be a resident?

14. My spouse is employed in Illinois, files taxes, and has taken other actions which verify intent to reside in Illinois. Am I a resident?

15. My spouse is a graduate assistant. Am I a resident?

16. What paperwork do I have to file to request a change in my residency classification?

17. What if I disagree with the finding by OAR?

1a. What do I, an independent student, have to do to become an Illinois resident for tuition purposes?

The University of Illinois requires that you be a bona fide resident of Illinois for one calendar year prior to the term for which you are applying for resident status. The University's requirements to establish residency may be different than other Illinois institutions of higher education or government agencies. Bona fide residency involves being gainfully employed and actually living in the state for one year, and taking other specific actions which link you to the state of Illinois. It also requires that you reside in Illinois primarily for reasons that are not related to receiving an education. It’s important that actions be completed before the beginning of the term in which you are attempting to establish residency.

1b. What do I, a dependent student, have to do to become an Illinois resident for tuition purposes?

It is assumed that a dependent student’s residency follows his/her parent’s. If a family moves to Illinois because of an employment opportunity for the family breadwinner, the dependent student is eligible for resident tuition at the start of the next academic term.

2. How important is registering to vote and getting a driver’s license/or an Illinois identification card?

These actions signify intent to reside in Illinois for other than educational purposes. If eligible, you would be expected to hold the voter’s registration and the driver’s license or identification card for at least one calendar year prior to the term for which you are seeking resident status.

3. What is meant by gainful employment?

Gainful employment means that you earn income and file and pay taxes in Illinois on income sufficient to meet one-half of tuition, fees and normal living expenses for a one-year period. Loans from parents or support from a relative in Illinois does not constitute self-sufficiency or gainful employment, for example.

Employment during the summer terms alone does not fulfill either gainful employment or the one-year requirement.

4. Do I have to file Illinois income taxes? Can my parents claim me in another state while I’m establishing residency?

To obtain residency separate from your parents you must show financial independence. That includes NOT being claimed by your parents on their federal income tax return. Also, you must file Illinois income taxes as well. We look for actions completed not anticipated, so saying that your parents are not going to claim you in the next tax year is not sufficient to show financial independence. The following example illustrates the timing of tax filing as a factor in establishing residency.

Let’s say you would like to petition for residency for the fall 2006 semester. You move to Illinois in August of 2005 or before. You are employed from August 2005 to August 2006 so you must file income taxes for tax years 2003 and 2004. On the tax return that your parents file in early 2006, they may not claim you as a dependent for tax year 2005. At that same time, you must file both a federal income tax return and an Illinois income tax return, using your Illinois address, for the income you’ve earned in Illinois from August 2005 through December 2005. In addition, you may be asked to submit year-to-date earnings statements for the period January 2006 to August 2006. You are required not only to file income tax returns, but to report earnings that signify financial independence and gainful employment.

5. If my parents move to Illinois, when can I become a resident?

Whether a dependent or not, you become a resident at the beginning of the next term following your parents’ move to Illinois. Your parents must actually become domiciled, make their home, in the state of Illinois and may be asked to verify their residence. Your parents don’t need to be bona fide residents for a year.

6. What if my parents are divorced?

As long as one parent is a bona fide resident of Illinois, you will receive resident status. That is true even if the parent outside of Illinois is actually your main source of financial support.

7. What if my parents move outside of Illinois?

Once you have applied and are admitted as a resident student, your in-state residency continues. However, you must maintain continuous enrollment and actually live in Illinois.

8. What if I don’t receive an answer about my residency until after the last date to drop a course and receive a refund?

You must make a decision whether you will enroll with the risk of being a nonresident student. A verbal recommendation from a staff member of the University is not grounds for determination of residency. The only determination which is official is the finding by the Office of Admissions and Records, and then, if necessary, the appeal finding through the University-wide Student Programs Office.

9. During the one-year period when I am establishing residency, can I be enrolled at the University?

It is up to you to prove that you are residing in the state for other than educational purposes. A person who enrolls in an institution of higher education a short time after moving to the state would have a difficult time proving that he or she is in the state for some other reason than to go to school. Employment in Illinois during the summer term between undergraduate and graduate school probably would not be sufficient proof of establishment of residency because it appears the person is in Illinois primarily to go to school.

10. I am an international person who has applied for permanent resident status in the United States. When may I be treated as a resident?

As long as you hold a temporary visa, you are not permitted to establish in-state residency. However, when you receive federal notification that your status for permanent residency has been approved, you may start the period of establishment of residency for in-state tuition or application. Notification that your application has been received is not sufficient.

11. What about the H-1 visa?

The holder of an H-1B or H-1C may be eligible for residency for tuition purposes. A dependent of an H-1B or H-1C, who holds an H-4 visa, may also be eligible.

12. What if I am on a temporary visa, but I marry a person who is a resident of Illinois?

As long as you are on a temporary visa, you cannot establish in-state residency.