Time spent in Kentucky and progress made in fulfilling the conditions of domicile and residency prior to obtaining permanent residency status shall be considered in establishing Kentucky domicile and residency.

A person holding a non-immigrant visa with designation A, E, G, H, I, L, N, O, P, R, S, TD, or TN shall establish domicile and residency the same as any other person.

(a) An independent person holding a non-immigrant visa with designation B, C, D, F, J, K, M, or Q shall not be classified as a Kentucky resident, because that person does not have the capacity to remain in Kentucky indefinitely and therefore cannot form the requisite intent necessary to establish domicile within the meaning of this administrative regulation.

A dependent person holding a visa as described in paragraph (a) of this subsection, but who is a dependent of a parent holding a visa as described in subsection (2) of this section, shall be considered as holding the visa of the parent.

A dependent person holding a visa described in subsection (2) of this section or paragraph (a) of this subsection, if a parent is a citizen of the United States and is a resident of and domiciled in Kentucky, shall be a resident of Kentucky for the purposes of this administrative regulation.

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, as deemed 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 a contiguous area while maintaining residence and domicile in Kentucky; (b) Continuous physical presence in Kentucky while in a non-student status for the twelve (12) months immediately preceding the start of the academic term for which a classification of Kentucky residency is sought;

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Continuous physical presence in Kentucky while in a non-student 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 for at least one (1) year while living in Kentucky;

Attendance as a full-time, non-resident 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 establishment of 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;

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 Kentucky resident;

Continued presence in Kentucky during academic breaks; and

The extent to which a student is dependent on student financial aid in order to provide basic sustenance.

Except as provided in sub-section (4) of this section, the following facts, because of the ease and convenience 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 sub-section (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.

Kentucky residency status shall not be conferred by the performance of an act which is incidental to fulfilling an educational purpose or by an act