A beneficiary of a Kentucky Educational Sa vings Plan Trust shall be granted residency status if the beneficiary meets the requirements of KRS 164A.330(9).
A determination of Kentucky domicile and residency sh all 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;
Continuous physical presence in Kentucky while in a non-student status for the twelve
months immediately preceding the start of the academic term for which a classifica- tion of Kentucky residency is sought;
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 a n i nstitution 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 a niondependent student to a Kentucky resident;
Continued p residence in K entucky during academic breaks; and
The extent to which a student is dependent on student financial aid in order to provide basic sustenance.
Except a s prov ided 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 p robative 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 pur pose or by an act which is 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.
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 an institution.
Upon transfer to a Kentucky institution, a student's residency status shall be reassessed by the receiving institution.
A reconsideration of a determination of residency status for a dependent person shall be subject to the prov isions for continuous enrollment, if applicable.
A student shall register under the proper residency classification, which includes the following actions:
Raising a question in a timely manner concerning residency classification;