University of Illinois

University-Wide Student Programs

University of Illinois Residency Status Regulations

For Admission and Assessment of Student Tuition

Effective Fall 1997

General

The University of Illinois is a land-grant institution assisted by funding from state of Illinois tax revenue.  As a state tax-assisted institution, the University (with some exceptions) extends preference in admission and tuition to residents of the state of Illinois—that is, to persons whose circumstances conform to the University's definition of resident status stated below.

Principal elements which determine residency are domicile in Illinois and actions which evidence the intent to make Illinois the person’s permanent residence.  A person has but one domicile at any time.  Mere physical presence in Illinois, regardless of how prolonged, is insufficient to establish residency without existence of action and intention to make the place a permanent residence and principal home.  In order to establish bona fide residency in Illinois under this policy, a person must demonstrate presence and intent to reside permanently in Illinois for reasons other than educational objectives.

The burden of establishing that a person is domiciled in Illinois for other than educational purposes is upon the person.  The regulations, factors, and procedures enumerated in this policy will be considered by the University in determining residency status.

Residency Status Regulations are subject to change from time to time at the discretion of the Board of Trustees.  Persons holding non-resident status are subject to rules in effect when their petitions seeking Illinois residency are filed.  Nothing in these rules shall be applied retroactively to reverse in‑state residency status previously granted under former regulations.

The University of Illinois' definition of the term "resident" may be different from the definitions developed by other, non-University, agencies.  Thus, a person who is an Illinois resident for tax or voting purposes, for example, is not necessarily a resident for University of Illinois tuition and admission purposes.  The University’s definition of resident status applies both to payment of tuition and admission to the University of Illinois.

Regulations

The following regulations are used to determine the resident classification of a person for admission and tuition assessment.

A.  A person's domicile is presumed to be that of his/her parent(s) or legal guardian unless the person is independent and establishes a separate domicile.

A person who is dependent upon his/her parent(s) or other person in authority, other than spouse, for financial support shall not be considered independent for the purpose of these regulations.  A person claiming independence may be requested to present satisfactory evidence that his/her parent(s) or legal guardian have not contributed significantly to his/her support nor claimed him/her as a dependent for federal or state income tax purposes during the period in which the person attempts to establish and/or maintain residency.  Filing and payment of Illinois income tax is necessary to establish residency.

B.   In order to be classified as a resident for purposes of admission, an independent person shall be domiciled in Illinois and a bona fide resident of the state for at least one calendar year immediately preceding the date of receipt of the application for admission.  To be considered a resident for purposes of assessment of tuition, an independent person must be a bona fide resident of the state for at least one calendar year immediately preceding the first scheduled day of classes for the term for which residency is sought.

C.  During the one-year period in which a person attempts to establish residency, a person must be financially independent.  He/she must rely upon gainful employment in Illinois or prove reliance upon resources in Illinois for more than fifty percent of the income sufficient to provide for tuition, fees, and normal living expenses, e.g., food, clothing, housing, and transportation.  Income earned as a result of University enrollment, such as educational loans, graduate assistantships, or student employment, is not considered evidence of intent to establish residency.  During the one-year period in which a person attempts to establish Illinois residency, a person must reside in the state primarily for other than educational purposes.

D.  A person who is not a citizen of the United States of America may establish resident status unless the person holds a visa which precludes an intent to permanently reside in the United States.  A list of the visa classifications may be obtained from the Office of Admissions and Records [now called Office of Admissions or Office of the Registrar].

E.   Noncitizens may commence establishment of residency with notification of permanent residency status by the U.S. Citizenship and Immigration Services, as evidenced by receipt of the Permanent Resident Alien card (green card), provided the person meets and complies with all the applicable requirements of these Regulations.

F.   The minor children of persons who, having resided in this state for at least twelve months immediately prior to such a transfer, are transferred by their employers to some location outside the United States shall be considered as Illinois residents for purposes of the computation and payment of tuition.  However, this Section shall apply only when the minor children of such parents enroll in a state-supported Illinois college or university within five years from the time their parents are transferred to some location outside the United States. [Note: The University of Illinois Act (110 ILCS 305/7f(a)) defines “Illinois college or university” as “the University of Illinois, Southern Illinois University, Chicago State University, Eastern Illinois University, Governors State University, Northeastern Illinois University, Illinois State University, Northern Illinois University, and Western Illinois University.”  These are the same institutions covered in this Section and in Section K below.]

If the parent(s) or legal guardian of a resident person establishes a domicile outside the state of Illinois after the person has been admitted, the person shall continue to be classified as a resident student until degree completion, assuming timely matriculation and providing the person maintains continuous enrollment and maintains a separate residence within the state of Illinois.

G.  It is required that a person who claims Illinois domicile while living in another state or country will provide proof of the continued Illinois domicile.  Proof may include, but is not limited to, evidence that the person (or parent or legal guardian as applicable) has not acquired a domicile in another state, has maintained a continuous voting record in Illinois, and has filed regular Illinois resident state income tax returns during absence from the state.

H.  A person whose parents move to Illinois may become a resident at the beginning of the next term following the move.

An independent person whose parent or parents have established and are maintaining a bona fide residence in Illinois will be regarded as a resident if the independent person lives in Illinois.

Even though a divorced or separated parent who is not a resident of Illinois provides significant financial support, a person shall be classified as a resident as long as the other parent resides permanently in Illinois.

I.    A nonresident shall be classified as a resident if his/her spouse is a resident of Illinois and meets the applicable requirements of these regulations.  A noncitizen may establish residency through his/her resident spouse, provided the noncitizen complies with Section D of these Regulations.

J.   A person who is actively serving in the Armed Forces of the United States and who is stationed and/or present in the state in connection with that service, may be eligible for a waiver of the nonresident portion of tuition in accordance with Board policy as long as the person remains stationed and/or present in Illinois.  The waiver is extended to the person's spouse and dependent children when they also live in the state.  A resident of Illinois, and the spouse and dependent children, who is stationed outside of Illinois in active service in the Armed Forces of the United States and who has maintained residency under Section G shall be classified as a resident.

K.     Staff members of the University and of allied agencies, and faculties of state-assisted Illinois universities (as defined in Section F above), holding an appointment of at least one-quarter time, and their spouses and dependent children, shall be treated as residents.

The term "staff member" as used in these regula­tions shall mean a person appointed to  a faculty, academic professional, or permanent civil service position for a specific amount of time at a salary or wage commensurate with the percentage of time required.  The appointment shall require service for not less than three-fourths of the term.  For purposes of residency, the term "staff member" shall not apply to persons employed on an hourly basis in an academic capacity, nor to persons on leave without pay.

L.   Nonresident teachers in the private and public elementary and secondary schools in Illinois holding an appointment of at least one-quarter time shall, if required to pay tuition, be assessed at the resident rate.  This privilege also extends to the summer session immediately following the term of appointment.

Any nonresident teacher who qualifies for resident tuition as described above shall become subject to nonresident tuition for the entire term if the school appointment is vacated prior to completion of three-fourths of the term in question.  Resignation or cancellation of the appointment prior to the close of the spring term also cancels the eligibility for the resident tuition privilege in the following summer term.

Factors in Determining Residency

Bona fide residency must be maintained in the state of Illinois for at least one calendar year immediately preceding the date of receipt of the application for admission, or for tuition purposes, one calendar year immediately proceeding the first scheduled day of classes for the term for which resident classification is sought.  The following circumstances, although not necessarily conclusive, have probative value in support of a claim for resident classification:

A.  Continuous physical presence—defined as no more than a three-week absence from the state of Illinois—for at least one calendar year as described above.

B.   Domicile in Illinois of parent(s) or guardian legally responsible for the person.  Domicile in Illinois of spouse.

C.  Voting or registration for voting in Illinois.

D.  Illinois driver's license or identification card and automobile registration.

E.   Financial independence and payment and filing of Illinois income/property taxes and/or ownership of property in Illinois during the tax year or partial tax year immediately preceding the term for which the person is requesting resident classification.  Just the filing of an Illinois state income tax form, or filing a form without substantial Illinois income earned, will not be judged as a significant criterion for reclassification.

F.   One calendar year of gainful employment in Illinois or prove reliance upon resources in Illinois for  more than fifty percent of the income sufficient to provide for tuition, fees, and normal living expenses, e.g., food, clothing, housing, and transportation.  Reliance upon income earned from loans is not viewed as evidence of intent to establish residency.  Employment in Illinois must be in other than graduate assistantships or student employment.

G.  The lease of living quarters and payment of utility bills in Illinois.

H.  Former domicile in the state and maintenance of significant connections therein while absent.

I.    Admission to a licensed practicing profession in Illinois.

J.   Long-term military commitments in Illinois and/or proof that Illinois is the home of record.  The petitioner must complete a Military Certification Form which can be obtained at the Office of Admissions and Records [now called Office of Admissions or Office of the Registrar].

K.  A one calendar year period of presence in the state for other than educational purposes.

L.   Establishment of financial accounts at Illinois institutions.

M.  Public records, for example, birth and marriage records.

N.  Other official documents verifying legal, official connection with Illinois or with organizations or institutions within the state of Illinois.

O.  Exclusive use of the Illinois address when home or mailing address is requested.

The University may request documentation of the evidence.  Missing evidence, the lack of evidence, or inconsistent evidence may be used to refute the claim of residency.

Procedures

The Director of Admissions and Records [now Director of Admissions], or a designee, shall determine the initial residence classification of each person at the time the person enters or re-enters the University.

A person who is not satisfied with a determination concerning his/her residence classification may request that the responsible official reconsider the determination.  For the purposes of admission, the written request must be received by the Office of Admissions and Records [now called Office of Admissions or Office of the Registrar: see addresses at the end of this policy] within twenty calendar days from the date of notification of residency status.  For the purposes of assessment of tuition, the written request must be received by the Office of Admissions and Records [now called Office of Admissions or Office of the Registrar] by September 30 for the fall term, February 15 for the spring term, and June 20 for the summer term or some other date as set by the Office of Admissions and Records [now called Office of Admissions or Office of the Registrar].

The request should include the Petition for Determination of Residency Status and all other materials which are applicable to the claim.  The request and accompanying documentation will not be returned, and the person is advised to maintain a copy for his/her record.

If the person is still not satisfied with the determination after it has been reconsidered, the person may appeal the decision to the Director, University Office for Academic Policy Analysis [now called University-wide Student Programs].  The appeal shall be in writing and shall include reasons for the appeal.  The appeal must be received by the Director of Admissions and Records [now Director of Admissions or Registrar] within twenty calendar days of the notice of the ruling.  The appeal will then be referred to the Director, University Office for Academic Policy Analysis [now called University-wide Student Programs].  A person who fails to file such an appeal within twenty calendar days of the notice of the ruling waives all claims to reconsideration for that academic session.  Filing deadlines cannot be extended or waived and applications and appeals untimely filed will not be reviewed.  The decision of the Director, University Office for Academic Policy Analysis [now called University-wide Student Programs], shall be final in all cases.

A person may be reclassified at any time by the University upon the basis of additional or changed information.  If the person is classified in error as a resident student, nonresident tuition shall be assessed in the next term; if the person is classified in error as a nonresident, resident tuition shall be assessed in the term in which the classification occurs, provided the person has filed a written request for a review in accordance with these regulations.

A person who fails to notify the University of a change of facts or provides false information which might affect classification or reclassification from resident to nonresident status and/or who provides false information or conceals information for the purpose of achieving resident status may be subject to appropriate disciplinary action, as well as other penalties which may be prescribed by law.  Further information or clarification may be secured by contacting the Director of Admissions and Records [Office of Admissions or Office of the Registrar] on the campus concerned:

University of Illinois at Urbana-Champaign

University of Illinois at Chicago

University of Illinois at Springfield

 


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Last Updated 08/10/09:  gt