Appendix B
University of Illinois Residency Status Regulations for Admission and Assessment of Student Tuition

General

The University of Illinois is a land-grant institution supported by funding from state of Illinois tax revenue. As a state tax-supported institution, the University (with some exceptions) extends preference in admission and tuition to residents of the state of Illinoisthat is, to persons whose circumstances conform to the University's definition of resident status stated below.

Principal elements which determine residency are domicile in Illinois and actions which evidence the intent to make Illinois the person's permanent residence. A person has but one domicile at any time. Mere physical presence in Illinois, regardless of how prolonged, is insufficient to establish residency without action and intention to make the place a permanent residence and principal home. To establish bona fide residency in Illinois under this policy, a person must demonstrate presence and intent to reside permanently in Illinois for reasons other than educational objectives.

The burden of establishing that a person is domiciled in Illinois for other than educational purposes is upon the person. The regulations, factors, and procedures enumerated in this policy will be considered by the University in determining residency status.

Residency Status Regulations are subject to change from time to time at the discretion of the Board of Trustees. A person holding nonresident status is subject to rules in effect when the petition seeking Illinois residency is filed. Nothing in these rules shall be applied retroactively to reverse in-state residency status previously granted under former regulations.

The University of Illinois' definition of the term "resident" may be different from the definitions developed by other, non-University, agencies. Thus, a person who is an Illinois resident for tax or voting purposes, for example, is not necessarily a resident for University of Illinois tuition and admission purposes. The University's definition of resident status applies both to payment of tuition and admission to the University of Illinois.

Regulations

The following regulations are used to determine the resident status for admission and tuition assessment.

A. A person's domicile is presumed to be that of the parent(s) or legal guardian unless the person is independent and establishes a separate domicile. For the purposes of these regulations, legal guardian and parent are interchangeable.

A person who is dependent upon his/her parent(s) or other person in authority, other than spouse, for financial support shall not be considered independent for the purpose of these regulations. A person claiming independence may be requested to present satisfactory evidence that his/her parent(s) has not contributed significantly to his/her support nor claimed him/her as a dependent on federal or state income taxes during the period in which the person attempts to establish and/or maintain residency. Filing and payment of Illinois income tax is necessary to establish residency.

 

B. In order to be classified as a resident for purposes of admission, an independent person shall be domiciled in Illinois and a bona fide resident for at least one calendar year immediately preceding the date of receipt of the application for admission. To be considered a resident for purposes of assessment of tuition, an independent person must be a bona fide resident for at least one calendar year immediately preceding the first scheduled day of classes for the term for which residency is sought.

 

C. During the one-year period in which a person attempts to establish residency, a person must be financially independent. He/she must rely upon gainful employment in Illinois or prove reliance upon resources in Illinois for more than fifty percent of the income sufficient to provide for tuition, fees, and normal living expenses, e.g., food, clothing, housing, and transportation. Income earned as a result of University enrollment, such as educational loans, graduate assistantships, or student employment, is not considered evidence of intent to establish residency. To establish residency, a person must reside in Illinois for one calendar year primarily for other than educational purposes.

 

D. A person who is not a citizen of the United States of America may establish resident status unless the person holds a visa which precludes an intent to permanently reside in the United States. A list of the visa classifications may be obtained from the Office of Admissions and Records.

 

E. Noncitizens may commence establishment of residency with notification of permanent residency status by the United States Immigration and Naturalization Service provided the person meets and complies with all the applicable requirements of these regulations.

 

F. The minor child of persons who, having resided in this state for at least twelve months immediately prior to such a transfer, are transferred by their employers to some location outside the United States shall be considered an Illinois resident for purposes of the computation and payment of tuition. However, this section shall apply only when the minor child of such parents enrolls in a state-supported college or university within five years from the time the parents are transferred to some location outside the United States.

If a resident parent(s) establishes a domicile outside Illinois after a dependent is admitted, the dependent shall continue to be classified as a resident until degree completion, assuming timely matriculation, continuous enrollment, and maintenance of a separate residence in Illinois.

 

G. A person who claims Illinois domicile while living in another state or country must provide proof of continued Illinois domicile. Proof may include, but is not limited to, evidence that the person (or parent or legal guardian as applicable) has not acquired a domicile in another state, has maintained a continuous voting record in Illinois, and has filed and paid regular Illinois resident state income tax returns during the absence.

 

H. A person whose parent(s) moves to Illinois may become a resident at the beginning of the next term following the move.

An independent person whose parent(s) has established and is maintaining a bona fide residence in Illinois will be regarded as a resident if the independent person lives in Illinois.

Even though a divorced or separated parent who is not a resident of Illinois provides significant financial support, a person shall be classified as a resident as long as the other parent is a bona fide resident of Illinois.

 

I. A nonresident shall be classified as a resident if his/her spouse is a resident of Illinois and meets the applicable requirements of these regulations. A noncitizen may establish residency through his/her resident spouse, provided the noncitizen complies with Section D of these Regulations.

 

J. A person who is actively serving in the Armed Forces of the United States and who is stationed and/or present in the state in connection with that service, may be eligible for a waiver of the nonresident portion of tuition as long as the person remains stationed and/or present in Illinois. The waiver is extended to the person's spouse and dependent children who also live in the state. A resident of Illinois, and the spouse and dependent children, who is stationed outside of Illinois in active service in the Armed Forces of the United States and who has maintained residency under Section G shall be classified as a resident.

 

K. Staff members of the University and of allied agencies, and faculties of state-supported institutions of higher education in Illinois, holding an appointment of at least one-quarter time, and their spouses and dependent children, shall be treated as residents.

The term "staff member" as used in these regulations shall mean a person appointed to a faculty, academic professional, or permanent civil service position for a specific amount of time at a salary or wage commensurate with the percentage of time required. The appointment shall require service for not less than three-fourths of the term. For purposes of residency, the term "staff member" shall not apply to persons employed on an hourly basis in an academic capacity, nor to persons on leave without pay.

 

L. Nonresident teachers in the private and public elementary and secondary schools in Illinois holding an appointment of at least one-quarter time shall, if required to pay tuition, be assessed at the resident rate. This privilege also extends to the summer session immediately following the term of the appointment.

Any nonresident teacher who qualifies for resident tuition as described above shall become subject to nonresident tuition for the entire term if the school appointment is vacated prior to completion of three-fourths of the term in question. Resignation or cancellation of the appointment prior to the close of the spring term also cancels the eligibility for the resident tuition privilege in the following summer term.

Factors in Determining Residency

Bona fide residency must be maintained in Illinois for at least one calendar year immediately preceding the date of receipt of the application for admission, or for tuition purposes, one calendar year immediately preceding the first scheduled day of classes for the term for which resident classification is sought. The following circumstances, although not necessarily conclusive, have probative value in support of a claim for resident classification.

 

A. Continuous physical presencedefined as no more than a three-week absence from the state of Illinoisfor at least one calendar year as described above.

 

B. Domicile in Illinois of parent(s), legal guardian, or spouse.

 

C. Voting or registration for voting in Illinois.

 

D. Illinois driver's license or identification card and automobile registration.

 

E. Financial independence and payment and filing of Illinois income/property taxes and/or ownership of property in Illinois during the tax year or partial tax year immediately preceding the term for which the person is requesting resident classification. Just the filing of Illinois state income taxes, or filing without substantial Illinois income earned, will not be judged as a significant criterion for reclassification.

 

F. One calendar year of gainful employment in Illinois or prove reliance upon resources in Illinois for more than fifty percent of the income sufficient to provide for tuition, fees, and normal living expenses, e.g., food, clothing, housing, and transportation. Reliance upon income earned from loans is not viewed as evidence of intent to establish residency. Employment must be in other than graduate assistantships or student employment.

 

G. The lease of living quarters and payment of utility bills in Illinois.

 

H. Former domicile in the state and maintenance of significant connections therein while absent.

 

I. Admission to a licensed practicing profession in Illinois.

 

J. Long-term military commitments in Illinois and/or proof that Illinois is the home of record. The petitioner must complete a Military Certification Form which can be obtained at the Office of Admissions and Records.

 

K. Domicile for one calendar year in the state for other than educational purposes.

 

L. Establishment of financial accounts at Illinois institutions.

 

M. Public records, for example, birth and marriage records.

 

N. Other official documents verifying legal, official connection with Illinois or with organizations or institutions within the state of Illinois.

 

O. Exclusive use of the Illinois address when home or mailing address is requested.

The University may request additional documentation of the evidence. Missing evidence, the lack of evidence, or inconsistent evidence may be used to refute the claim of residency.

Procedures

The Director of Admissions and Records, or a designee, shall determine the initial residence classification of each person at the time the person enters or reenters the University.

A person who is not satisfied with a determination concerning his/her residence classification may request that the responsible official reconsider the determination. For the purposes of admission, the written request must be received by the Office of Admissions and Records within twenty calendar days from the date of notification of residency status. For the purposes of assessment of tuition, the written request must be received by the Office of Admissions and Records by September 30 for the fall term, February 15 for the spring term, and June 20 for the summer term or some other date as set by the Office of Admissions and Records.

The request should include the Petition for Determination of Residency Status (available from the Office of Admissions and Records/Enrollment Services) and all other materials which are applicable to the claim. The request and accompanying documentation will not be returned, and the person is advised to maintain a copy for his/her record.

If the person is still not satisfied with the determination after it has been reconsidered, the person may appeal the decision to the Director, University Office for Academic Policy Analysis. The appeal shall be in writing and shall include reasons for the appeal. The appeal

must be received by the Director of Admissions and Records within twenty calendar days of the notice of the ruling. The appeal will then be referred to the Director, University Office for Academic Policy Analysis. A person who fails to file such an appeal within twenty calendar days of the notice of the ruling waives all claims to reconsideration for that academic session. Filing deadlines cannot be extended or waived and applications and appeals untimely filed will not be reviewed. The decision of the Director of the University Office for Academic Policy Analysis shall be final in all cases.

A person may be reclassified at any time by the University upon the basis of additional or changed information. If the person is classified in error as a resident student, nonresident tuition shall be assessed in the next term; if the person is classified in error as a nonresident, resident tuition shall be assessed in the term in which the classification occurs, provided the person has filed a written request for a review in accordance with these regulations.

A person who fails to notify the University of a change of facts or provides false information which might affect classification or reclassification from resident to nonresident status and/or who provides false information or conceals information for the purpose of achieving resident status may be subject to appropriate disciplinary action, as well as other penalties which may be prescribed by law.

Further information or clarification may be secured by contacting the Director of Admissions and Records on the campus concerned:

Office of Admissions and Records
901 West Illinois Street, MC-061
University of Illinois at Urbana-Champaign
Urbana, IL 61801

Office of Admissions and Records
Student Services Building (MC-018)
University of Illinois at Chicago
P.O. Box 5220
Chicago, IL 60680

Office of Enrollment Services
University of Illinois at Springfield
Building F-20
Springfield, IL 62794-9243