• (5)(a) Except as provided in paragraph (b) of this subsection, a person who has petitioned the federal government to reclassify visa status shall continue to be ineligible until the petition has been decided by the federal government.
  • A person who has petitioned the federal government to reclassify his or her visa status based on marriage to a Kentucky resident and who can demonstrate that the petition has been filed and acknowledged by the federal government, may establish Kentucky domicile and residency at that time.
  • Section 9. Beneficiaries of a Kentucky Educational Savings Plan Trust. A beneficiary of a Kentucky Educational Savings Plan Trust shall be granted residency status if the beneficiary meets the requirements of KRS 164A.330(6).
  • Section 10. Criteria Used in a Determination of Residency Status. (1)(a) A determination of Kentucky domicile and residency shall be based upon verifiable circumstances or actions.
  • A single fact shall not be paramount, and each situation shall be evaluated to identify those facts essential to the determination of domicile and residency.
  • A person shall not be determined to be a Kentucky resident by the performance of an act that is incidental to fulfilling an educational purpose or by an act performed as a matter of convenience.
  • Mere physical presence in Kentucky, including living with a relative or friend, shall not be sufficient evidence of domicile and residency.
  • A student or prospective student shall respond to all requests for information regarding domicile or residency requested by an institution.
  • The following facts, although not conclusive, shall have probative value in their entirety and shall be individually weighted, appropriate to the facts and circumstances in each determination of residency:
  • Acceptance of an offer of full-time employment or transfer to an employer in Kentucky or contiguous area while maintaining residence and domicile in Kentucky;
  • Continuous physical presence in Kentucky while in a nonstudent status for the twelve (12) months immediately preceding the start of the academic term for which a classification of Kentucky residency is sought;
  • (c)1. Filing a Kentucky resident income tax return for the calendar year preceding the date of application for a change in residency status; or
  • Payment of Kentucky withholding taxes while employed during the calendar year for which a change in classification is sought;
  • Full-time employment of at least one (1) year while living in Kentucky;
  • Attendance as a full-time, nonresident student at an out-of-state institution based on a determination by that school that the person is a resident of Kentucky;
  • Abandonment of a former domicile or residence and establishing domicile and residency in Kentucky with application to or attendance at an institution following an incidental to the change in domicile and residency;
  • Obtaining licensing or certification for a professional and occupational purpose in Kentucky;
  • Payment of real property taxes in Kentucky;

Student Affairs Committee May 11, 2011

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