• The domicile and residency of a dependent person who se parents are divorced, sep arated, or otherwise living apart shall be Kentucky if either parent is domiciled in and is a resident of Kentucky regardless s of which parent has legal custody or is entitled to claim that person as a dependent pursuant to Kentucky income tax provisions.
  • (a) If the parent(s) of a dependent person are Kentucky re sidents and a re-domiciled in Kentucky but subsequently move from the state, the dependent person shall be considered a resident of Kentucky while in continuous enrollment at the degree level in which currently enrolled.
  • If continuous enrollment is broken or the current degree level is completed, the dependent person's residency status shall be reassessed in light of the circumstances detailed in subparagraph 1 of this paragraph.
  • If the sole parent t or both parents of a dependent person move out of state, Kentucky domicile and residency, having been previously established, shall be retained until steps are taken to establish domicile and residency elsewhere.

Section 7: Member of Armed Forces of the United States, Spous e a nd Depe ndents; Ef fect on a Determination of Residency Status

  1. A member, spouse, or dependent of a member whose domicile and res idency was Kentucky at the time of induction into the Armed Forces of the United States, and whom maintains Kentucky as home of record and permanent address, shall be entitled to Kentucky residency status:
  2. During the time of active service; or
  3. If the member, spouse, or dependent returns to this state within six (6) months of the date of the member's discharge from active duty.
  4. A member, spouse or dependent of a member of the Armed Forces of the United States stationed in Kentucky on active military orders shall be considered a Kentucky resident while the member is on active duty in this state pursuant to those orders if the member is not:
  5. Stationed in Kentucky for the purpose of enrollment at an institution; or
  6. On temporary assignment of less than one (1) year.
  7. A member, s spouse or dependent of a member, shall not lose Kentucky residency status if the member is thereafter transferred on military orders while the
  8. member, spouse or dependent requesting the status is in continuous enrollment at the degree level in which currently enrolled.
  9. Membership in the National Guard or civilian employment at a military base a lone shall not qualify a person for Kentucky residency status under the provisions of sub-sections (1) and (2) of this section.
  10. A person’s residency status established pursuant to this section shall be reassessed if the qualifying condition is terminated.

Section 8: Status of Nonresident Aliens; Visas and Immigration

  1. (a) A person holding a permanent residency visa or classified as a political refugee shall establish domicile and residency in the same manner as any other person.
  2. 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.
  3. A person holding an on-immigrant v is a 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.
  4. (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 re main in Kentucky indefinitely and therefore cannot form the requisite intent necessary to establish domicile within the meaning of this administrative regulation.
  5. A dependent person on 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.
  6. 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.