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.
  • A person shall not be determined to be a Kentucky resident by the performance of an act that 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 student or prospective student shall respond to all requests for information regarding domicile or residency requested by an institution.
  • 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;
  • 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;
  • 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;
  • 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;
  • Marriage of an independent student to a person who was domiciled in and a resident of Kentucky prior to the marriage; and
  • 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:
  • Kentucky automobile registration;
  • Kentucky driver's license;
  • Registration as a Kentucky voter;
  • Long-term lease of at least twelve (12) consecutive months of non-collegiate housing; and
  • 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.

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