(b) A person who has petitioned the federal government to reclassify visa status based on a 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.
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.
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 of 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 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;
Payment of real property taxes in Kentucky;
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;
Long-term lease of at least twelve (12) consecutive months of noncollegiate housing;
Marriage of an independent student to a person who was domiciled in and a resident of Kentucky prior to the marriage;
Continued presence in Kentucky during
The extent to which a student is dependent on stu- dent financial aid in order to provide basic sustenance.
Except as provided in subsection (4) of this section, the following facts, because of the ease and conven- ience in completing them, shall have limited probative value in a determination that a person is domiciled in and is a resident of Kentucky:
Kentucky automobile registration;
Kentucky driver's license; and
Registration as a Kentucky voter.
The absence of a fact contained in subsection (3) of this section shall have significant probative value in determining that a student is not domiciled in or is not a resident of Kentucky.
A person shall not be determined to be a Kentucky resident by the performance of an act which 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 person shall respond to all information requested by an institution.
Section 11. Effect of a Change in Circumstances on Residency Status.
If a person becomes independent or if the residency status of a parent or parents of a dependent person changes, an institution shall reassess residency either upon a request by the student or a review initiated by the institution.
Upon transfer to a Kentucky institution, a student's residency status shall be assessed by the receiving institution.
A reconsideration of a determination of residency status for a dependent person shall be subject to the provisions for continuous enrollment, if applicable.
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