Residence Classification

Since 1890, it has been public policy in Oklahoma to provide comprehensive, low cost public higher education for citizens, in order to make educational opportunity available for Oklahoma individuals to improve themselves, to help upgrade the knowledge and skills of the Oklahoma work force, and to enhance the quality of life in Oklahoma generally. Therefore, residents of Oklahoma are afforded subsidies covering a majority of their educational costs at all colleges and universities of the Oklahoma State System of Higher Education. Nonresidents of Oklahoma are also provided substantial educational subventions, although at lower levels than those provided for permanent residents of the state. Administration of the state's residency policy as it applies to Northeastern State University students is designated to the Office of Admissions and Records. Questions concerning interpretation of the policy should be directed to the admissions director for a ruling.

Any applicant who has attended an institution outside of Oklahoma within the past year will be assumed to be a nonresident. It is the responsibility of each applicant to submit resident status proof to the Office of Admissions and Records.

Basic Principles Governing Residence

  1. Attendance at an educational institution, albeit a continuous and long term experience, is interpreted as temporary residence; therefore, a student neither gains nor loses residence status solely by such attendance.
  2. Students may perform many objective acts, some of which are required by law (i.e. payment of taxes), and all of which are customarily done by some nonresidents who do not intend to remain in Oklahoma after graduation but are necessary and/or convenient (i.e. registering to vote, obtaining a driver's license). Such acts and/or declarations alone are not sufficient evidence of intent to remain in Oklahoma beyond the college experience.
  3. A nonresident student attending an Oklahoma college or university on more than a half-time basis is presumed to be in the state primarily for educational purposes.
  4. An individual is not deemed to have acquired status as a resident of Oklahoma until he or she has been in the state for at least a year primarily as a permanent resident and not merely as a student. Like-wise, an individual classified as a resident of Oklahoma shall not be reclassified as a nonresident until 12 months after having left Oklahoma to live in another state.
  5. All married persons shall be treated as equal under this policy. Therefore, each spouse in a family shall establish his or her own residence status on a separate basis. Exceptions include 1) when a nonresident marries an already established resident of Oklahoma, the nonresident may be considered a resident after documentation of the marriage and proof of domicile are satisfied, and 2) as provided in Section VIII.
  6. The burden of proof of residence status or domicile shall be upon the applicant.
  7. Initial classification as a nonresident student shall not prejudice the right of a person to be reclassified thereafter for subsequent semesters or terms of enrollment as an Oklahoma resident provided proof of residence can be established.

Definition of Residence Terms

Resident of Oklahoma:
A resident of Oklahoma is one who has lived continuously in the state for at least 12 months duration and whose domicile is in Oklahoma. A person's domicile is his true, fixed, permanent home or habitation. It is the place where he intends to remain and to which he expects to return. A person can have more than one residence, but only one domicile. Domicile has two components - residence and the intention to remain. When these two occur, there is a domicile.
Independent Persons:
Independent persons are those enjoying majority privileges (are legally emancipated from their parent(s) or guardian) and who are responsible for their own care, custody and support.
Dependent Persons:
Dependent persons are those under the care, custody and support of their parent(s) or other legally sanctioned parental surrogates.
Full-time Students:
A full-time undergraduate student is one enrolled in a minimum of 12 credit hours per semester in an academic year or a minimum of 6 credit hours in a summer session. A full-time graduate student is one enrolled in a minimum of 9 credit hours per semester in an academic year or a minimum of 4 credit hours in a summer session.

Residence Status Criteria

Independent Persons:
If a person enjoying majority privileges and who is independent of parental domicile can provide adequate and satisfactory proof of having come to Oklahoma with the intention of establishing domicile, may be granted resident student classification at the next enrollment occurring after expiration of 12 months following the establishment of domicile in Oklahoma. Spouses must establish proof of residence on a separate basis.
Dependent Persons:
For the purpose of establishing residence status, the legal residence of dependent students is that of their parent(s) or legally-appointed guardian. Dependent students may become independent through marriage, formal court action, abandonment by parents, or positive actions demonstrating separation from the parent's domicile. To qualify under the latter category, a dependent person must have completely separated himself from the parental domicile and have proved such separation is complete and permanent. Mere absence from the parental domicile is not proof of its complete abandonment. Students who can provide adequate proof of complete emancipation, and have come to Oklahoma with the intention of establishing domicile may be granted residence classification at the next enrollment period after the expiration of 12 consecutive months following the establishment of domicile in Oklahoma.
Foreign Nationals:
An individual who is not a United States national may become eligible for classification as an Oklahoma resident provided that he/she holds permanent resident status as defined by the Bureau of Citizenship and Immigration Services (BCIS), evidenced by whatever documents may be required under applicable federal law, who has resided in Oklahoma for at least 12 consecutive months, and who meets any other applicable criteria for establishment of of domicile as set forth in this policy or who has come to Oklahoma for the purpose described in Section VIII of this policy.
Students Without Lawful Immigration Status:
In accordance with Senate Bill 596 of the 2003 Oklahoma legislature (70 O.S1, Section 3242), an individual who is not a United States national and has not obtained permanent resident status with the BCIS but who has graduated from a public or private high school in Oklahoma or successfully completed the General Education Development (GED) exam may be eligible for enrollment, resident tuition, and state student financial aid if he/she meets the following criteria:
  1. Resided in the state with a parent or legal guardian for at least two years prior to graduation from high school or successful completion of the GED;
  2. Satisfied admission standards for the institution; and
  3. Filed an affidavit with the institution stating that he/she has done one of the following with the BCIS toward legalizing their immigration status:
    1. Filed an application;
    2. Has a petition pending; or
    3. Will file an application as soon as he/she is eligible to do so.
Military Personnel:
Students enrolled at Northeastern State University while on full-time active duty in the Armed Forces are considered to be temporary residents in the state; therefore, they neither gain nor lose residence status. Members of the Armed Forces stationed in Oklahoma, their spouses, and dependent children may be admitted without payment of nonresident tuition so long as they continue to be stationed in the state in full-time military service and under military orders. While the policy clearly states that nonresident tuition will be waived for military personnel, such a waiver does not constitute Oklahoma residence status.
Full-Time Professional Practitioner or Worker:
An individual who provides evidence of having come to Oklahoma to practice a profession on a full-time basis, conduct a business full time, or work on a full-time basis shall be declared an Oklahoma resident along with his/her spouse and dependent children so long as they continue in such full-time employment capacity.
Proof of Residence:
The burden of proof of establishing Oklahoma residence or domicile, including providing any supporting documentation, shall be upon the applicant. Since residence or domicile is a matter of intent, each case will be judged on its own merits, and no definitive or "magic" set of criteria can be established as sufficient to guarantee classification as a resident of Oklahoma.
Reclassification:
In addition to the aforementioned criteria, an independent person seeking to be reclassified as a resident of Oklahoma must meet the following criteria for the current and immediately preceding year.
  1. The person must not have been claimed as an exemption for state and federal tax purposes by his or her nonresident parents.
  2. The person must be self-supporting as evidenced by having provided the majority of funds for his or her own upkeep.
  3. The person must have maintained a continuous residence in Oklahoma for the period set forth in "Definition of Residence Terms" above.



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