- 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:
- a.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;
- b.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
2. Payment of Kentucky withholding taxes while employed during the calendar year for which a change in classification is sought;
- d.Full-time employment of at least one (1) year while living in Kentucky;
- e.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;
- f.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;
- g.Obtaining licensing or certification for a professional and occupational purpose in Kentucky;
- h.Payment of real property taxes in Kentucky;
- i.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;
- j.Marriage of an independent student to a person who was domiciled in and a resident of Kentucky prior to the marriage; and
- k.The extent to which a student is dependent on student 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 convenience in completing them, shall have limited probative value in a determination that a person is domiciled in and is a resident of Kentucky:
- a.Kentucky automobile registration;
- b.Kentucky driver's license;
- c.Registration as a Kentucky voter;
- d.Long-term lease of at least twelve (12) consecutive months of non-collegiate housing; and
- e.Continued presence in Kentucky during academic breaks.
- 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.
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.
99