- 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;
- 1. Filing a Kentucky resident income tax return for the calendar year preceding the date of application for a change in residency status; or
- 2. 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 and incidental to the change in domicile and residency;
- Obtaining licensing or certification for a professional and occupational purpose in Kentucky; (h) Payment of real property taxes in Kentucky;
- (147) Ownership of real property in Kentucky, if the property was used by the student as a residence preceding the date of application for a determination of residency status;
- Marriage of an independent student to a person who was domiciled in and a resident of Kentucky prior to the marriage; and
- The extent to which a student is dependent on student financial aid in order to