2014 State Residency Conference Frequently Asked Questions FAQ Categories

Transcription

1 2014 State Residency Conference Frequently Asked Questions FAQ Categories Deadline... 2 The Five Year Rule... 3 Statutory Grace Period... 4 Immigration... 5 Active Duty Military... 7 Spouse Benefit... 9 Tax Dependent... 9 Initial Classification /7/2014

2 The following questions are representative of those presented at the June 2014 State Residency Training Conference held at The Friday Center in Chapel Hill for all staff working with residency determination in NC higher education institutions. The questions are grouped by categories and represent those issues most frequently asked. They are provided for the purpose of providing unofficial guidance while the questions are being further reviewed. Deadline 1. Is the application deadline set by the individual institutions, or is the 10th business day a uniform deadline within the state? The Manual has set forth a deadline of the 10th business day of the term for which the student is seeking residency reclassification. For example, if the term begins on August 20, the deadline is ten-business days from August 20. Except for deadlines set by the General Statutes, institutions may set their own deadlines so long as they are not inconsistent with the Manual. 2. Can we request additional documentation after the 10th business day? Generally speaking, yes we may request additional documentation after the 10th business day. The reclassification application itself is due by the 10th business day. However, as a classifier, we may not have reached a determination by that deadline and additional documentation may be required. Local campuses are encouraged to process forms timely and to communication to students in a time efficient manner. 3. Does the 10th business day deadline apply to summer session I terms as well, or just spring and fall? The application deadline is applicable for each enrolling term, including summer terms. 4. Many colleges have courses that begin halfway through semester. Do we count the 10th from the day when these courses begin or is it just the 10th day from the beginning of the semester? That is a business practice decision of the local campus. However, because some courses and programs may start on various dates within a term, some campuses may choose to follow the official local university calendar for incorporating consistency in business policy. 5. What if a student s residency classification changes to resident or non-resident prior to the start of the second eight week class during the semester? Residency determinations are established in the beginning of a semester or term; changes are not made mid-term. For example, if a student's eligibility is determined to be October 1, a date after fall semester began, the effective semester is spring. Page 2 of 11

3 The Five Year Rule 1. I have lived in NC for 16 years with my parents. One week before enrolling at a UNC school, my parents move to Texas for my dad s job. Do I still quality for in-state tuition under 5-year rule? I still have a driver s license, a registered voter, own a car, etc. To qualify for the 5-year rule for minors, the student must live with a relative or relatives for 5 consecutive years in NC, who are not their parents. The residency of a minor (under 18 years of age) is that of parents with whom they have lived. 2. Can you give an example of a student who would get in-state using the 5-year rule exception? Under the 5-year rule, a minor can receive the "resident status for tuition purposes" benefit. An example would be, a minor student has been living in NC for the 5 consecutive years (or more) with a variety of relatives, who have provided care for the minor (not necessarily financial support). 3. How can the student living with a relative be proven? What documents should they provide? If a student has lived in NC since 2010, but has been supported financially by parents out of state, would the 5-year rule apply? Student lived alone in home owned by parents. If the student is a minor, they must have lived with a relative or relatives who provided day to day care, supervision and control of the minor, for the 5-year rule to apply. In this case, the 5-year rule would not apply because the student lived alone in a home owned by the parents. 4. How does this apply to students who parents are military and have maintained domicile in another state, for example Florida? If the minor child lives with a relative or relatives who are NC residents for 5 consecutive years, and the relative provided day to day care, supervision and control of the minor, the student qualifies for the in-state tuition benefit. So in this case, if the minor child has lived with a relative or a series of relatives for 5 or more years consecutively, then they would qualify under the 5-year rule, regardless of the parents military status or where they are currently domiciled. 5. My most recent quandary had to do with interpreting the language of the "Five Year Rule." The student in question has lived in NC for 8 years, and his parents moved out of state after starting a UNC institution. He is nearing the end of his 12 month grace period and therefore applying to keep his in-state residency under the "Five-Year Rule" exception. Since his parents claim him as dependent on income tax, his application was denied. Also while the "Five-Year Rule" states that it carves out an exception to prima facie, the title of that section is actually "Five-Year Rule for Minors and the student is no longer a minor (though his residency began when he was 11 years old). I was left uncertain whether his denial was correct. In this case, the "Five Year Rule for minors" does not apply, as the student was not living with an adult relative, other than his parents, immediately prior to the beginning of the academic term. The 12 month grace period is the correct application of the law. Page 3 of 11

4 When the student reaches age 18, they can apply for resident reclassification based on the current facts in evidence that they never abandoned NC domicile. The student demonstrated his intent and capacity to remain to make NC his permanent home, your determination was correct. Statutory Grace Period 1. Can you address the grace period related to students who are no longer enrolled? To qualify for the grace period if the student is no longer enrolled, the student must satisfy the following conditions: First, the student must have been properly classified as a resident for tuition purposes at the time the student ceased to be enrolled at or graduated from an institution of higher education in this state; and Second, if the student subsequently abandons his or her domicile in North Carolina and then reestablishes domicile in this state within 12 months of abandonment, the student may reenroll at an institution of higher education in this state as a resident for tuition purposes without having to satisfy the 12-month durational requirement so long as the student continuously maintains his or her reestablished domicile in North Carolina at least through beginning of the academic term for which in-state tuition status is sought. 2. What is the acceptable timeframe from when the students ceases to be enrolled and subsequently abandons? The 12 month clock begins when the student abandons NC. That could happen immediately after they cease to be enrolled or it could occur years later. 3. What happens if the student is a legal resident of the state, but is not in school or graduated, establishes residency, then moves outof-state but decides to return to NC for another degree less than 12 months later. Do they maintain their residency status? To qualify for the grace period if the student is no longer enrolled, the student must satisfy the following conditions: First, the student must have been properly classified as a resident for tuition purposes at the time the student ceased to be enrolled at or graduated from an institution of higher education in this state; and Second, if the student subsequently abandons his or her domicile in North Carolina and then reestablishes domicile in this state within 12 months of abandonment, the student may reenroll at an institution of higher education in this state as a resident for tuition purposes without having to satisfy the 12-month durational requirement so long as the student continuously maintains his or her reestablished domicile in North Carolina at least through beginning of the academic term for which in-state tuition status is sought. 4. If a change in residence status occurs, can the student still obtain in-state tuition for 12 months? Yes, if they meet the conditions to apply the grace period. If the student was classified as in-state and was continuously enrolled (excluding official university breaks) when the change of facts occurred that affected their residence status, then the student is afforded a Page 4 of 11

5 12 month grace period from the date of the change. No change in residence status should occur within a semester, but rather at the beginning of the semester immediately after the 12 month grace period ends. 5. If volunteers/federal employee maintains NC acts (have not abandoned NC acts) but are away for a long period of time (for example, 10 years), would they qualify for in-state? One of the primary considerations for a residency determination is maintaining a permanent domicile in NC. G.S (b) To qualify as a resident for tuition purposes, a person must have established legal residence (domicile) in North Carolina and maintained that legal residence for at least 12 months immediately prior to his or her classification as a resident for tuition purposes. Volunteers and federal employees must establish and maintain that domicile during their absence away from North Carolina. Immigration 1. How do you handle U1 non-immigration status? We have received information which clarifies how to handle undocumented residents but does the U1 fall into this category? The U1 category does not reflect undocumented status. U-1 provides immigration relief for the foreign born nationals who were victims of crimes which occurred on the territory of the United States. The purpose of this program is to allow the foreign born nationals to legally stay in the United States and to assist the U.S. law enforcement agencies in the investigation of the criminal matter. 2. Can the spousal benefit override the non-eligible Visa classification? For example: F-1 Visa status student marries a NC residence; or DACA student marries a NC resident. No, the individual must meet the requirements for residency based on the eligible visa classification. After the applicant is married the applicant can apply for the spouse benefit after the individual is in an eligible classification. The student can use the spouse s time in NC but not the visa eligibility. 3. Can a non-profit agency provide tuition relief to US citizens as well as foreign nationals? No 4. For refugee/asylum, will applicant be classified as out-of-state during the 12-month waiting period? A refugee does not have the 12 month waiting period if enrolling at a North Carolina community college, however the waiting period applies to non-community colleges. Asylum has the waiting period for all higher education institutions. Page 5 of 11

6 5. Does I-130, I-360, or I-140 have to be issued for one-year prior to eligibility for in-state residency? Yes, the approved I-130, I-140 or I-360 must satisfy the one year waiting period. The I-485 receipt notice does not have to meet the required waiting period. 6. We get a lot of H-1B Visa holding applicants. It is okay to process them as in-state if we receive a copy of the H-1B? The H-1B is a time limited status and is an eligible visa status for residency consideration. All other requirements of the G.S must be met as well. 7. If a prospective student states on their application that they are not a U.S. citizen but has a permanent resident card, should that student be considered in-state or out-of-state for tuition? The green card is eligible for the in state classification; subject the requirements of the general statue. The green card must have been issued 12 months prior, otherwise an approved I-130 or I-140 Notice of Action would be required to meet the 12 months time. 8. If a student changes their status from one that would not qualify for the possibility of in-state residency (example F-1 Visa status) to one that may qualify (permanent resident) does the time as an F-1 student count towards the 12 months required for in-state residency status? No, time under any non-eligible visa cannot be counted. 9. Please provide an update/clarification on the appropriate determination for students participating in the temporarily extended Dream Act DACA students are not eligible for the in-state tuition status. 10. Can you clarify exactly what documentation DACA students must provide to prove their status? A DACA student can provide an Employment Authorization Document (EAD) with the code C-33 in the upper right corner of the EAD card or an approval I-821D Notice of Action. 11. If written communication (in-state classification) is based on initial application, then the student produces DACA documents that negate the information they provided on their application, does the Erroneous Classification stand? If the institution made a mistake in classifying the student, then the Erroneous Classification stands,. However, if the student provided wrong information then it would not. Page 6 of 11

7 12. Are there any entitlements to students with DACA status that are not available to students with only an Employment Authorization Card? No. 13. After a non-citizen is admitted as in-state and their Visa expires, or if the student switches from an eligible visa to a non-eligible visa, does the 12-month grace period apply? Yes Active Duty Military 1. When and how does an active duty military applicant qualify for in-state residency? An active duty military applicant (and their dependents) can qualify for the in-state tuition rate in two ways. They can either prove they are a North Carolina resident, by providing a preponderance of evidence in their favor or they can take advantage of the in-state tuition benefit. To qualify for the in-state tuition benefit, the active duty military member must be stationed in North Carolina because of his/her active duty military service. 2. I am the spouse of a person who was recently honorably discharged from the military. My spouse is not a NC resident, but since I have been here, I have done many of the things to establish residency (NC license, work, etc.). Can I be classified as an in-state resident even though I came here only because of my spouse s service? Yes, you can be classified as in-state if you can show a preponderance of evidence that you are a NC resident. Your resident status does not have to be the same as your spouse's. 3. During initial classification, can you use military benefits for admissions for in-state status? To qualify for the military benefit, the student must provide documentation from their NC Commanding Officer or Personnel Officer verifying their military service station in NC on PCS orders. 4. Under the military provision, if the military member is reassigned, retires or is discharged, they can qualify if they maintain continuous enrollment in the same program. Is this institution specific or can the student transfer to another institution and maintain eligibility as long as they stay in the same program? A change in institution is de facto a change in academic program, therefore does not constitute continuous enrollment. For the UNC system, it is institution specific. Page 7 of 11

8 5. A student was born, raised and graduated in NC, returns from military service to home (now adults) after 2-4 years of service, and was initially classified as a non-resident. Note: the discharge paperwork shows another state related to where they may have been assigned duty or training related to their MOS. Are there special considerations that can be made based on GI Bill for capacity? The NC Residency regulations are not currently tied to use of the GI Bill. The student would be able to prove their continuous residency in NC while serving in the military by providing a copy of their final Leave and Earnings Statement (LES) and one from 12 months prior, both showing their deductions of NC state income taxes. 6. It is my understanding that the only way to get a state driver's license is to be a resident of that state. A lot of military personnel keep their out of state driver's licenses so how can they still be considered a resident of North Carolina? If an active duty military applicant and/or their dependents are stationed in North Carolina for active duty military service, they qualify for the in-state tuition benefit but that does not make them in-state residents. They should be still be coded as out-of-state but charged the in-state rate. In this case, the out-of-state driver's license does not factor into the decision. However, if they want to establish in-state residency and not use the in-state tuition benefit, they must provide a preponderance of evidence that they are NC residents. Having an out-of-state license does not automatically disqualify an applicant as an in-state resident, but it will not strengthen their case. 7. Is there formalized training/information that military personnel living in NC can receive to provide them with better access to resident tuition benefits? Some campuses provide residency briefings for active duty military, veterans and their dependents at various points in the semester. Most military installations provide briefings and information via base educational centers and/or when military personnel are transitioning out of the service. 8. If a military affidavit states the active duty member s PCS (permanent change station) is the university rather than an actual military base, is this acceptable? In other words, they are stationed in NC to attend school. Yes, a copy of the orders or confirming letter can be used to confirm the student would be eligible for the tuition benefit. 9. Once admitted as in-state based on the military exception (active duty in NC), how frequently, if any, should the institution request a military affidavit, yearly, to check the student s military status in NC? An individual s continued eligibility may be confirmed at regular intervals as determined by the institution. It is recommended that students using the military exemption should be re-certified at least once each year. Page 8 of 11

9 10. If a student was previously admitted as a military dependent, leaves and then applies for readmission after a semester, can the admissions office utilize the previous document submitted (when the student was initially accepted) to see if they still qualify as a military depended or does the student need to provide new documents to be eligible for in-state tuition? Any break in enrollment that requires a readmission process also requires a recertification of their eligibility for the military exemption. 11. A new student veteran shows up within 30 days of leaving active duty (per the DD-214), does this qualify as action for reclassification? Should there be/is there a process in place for this reclassification? If the new student veteran is continuing their enrollment, they must document how they have established their legal residence in NC within those 30 days. If they have not been enrolled previously, they must meet the same residency criteria as any other person moving into NC. Spouse Benefit 1. Can a person who is using the spousal benefit be classified as in-state if they are married to a NC resident, but has not (or few) domiciliary acts? Does the person have to have both the marriage (waives 12-month requirement) and domiciliary acts? The spousal benefit allows the non-nc spouse to borrow time from the NC spouse, to meet the 12 month requirement. The non-nc spouse must present domiciliary evidence to establish residency. 2. Two individuals are engaged for marriage, wedding is set two years from this date, they are living together because he moved to NC to live with her from VA. Will he be considered resident after that one year? Yes, if he has presented enough domiciliary evidence, in addition to living in NC for 12 months. Tax Dependent 1. The manual specifically states the student is a resident for as many years as that NC parent has claimed them. Thus, how can the student be considered a resident for fall 2014 if the NC parent has only claimed them for tax years 2010 and 2011 and not 2012 or 2013? To qualify under this provision, the parent claiming the minor as a dependent must also be a legal resident of North Carolina. The length of time the minor is deemed to be domiciled in North Carolina under this provision is the time period in which the parent claimed the minor as a dependent. For example, if the North Carolina resident parent claimed the minor as a dependent for 3 years, the minor is deemed to have been domiciled in North Carolina for 3 years. Page 9 of 11

10 2. Is there a limit on the time a parent in another state claimed the child on taxes? For examples: three (3) year back, five (5) years back, etc. G.S (j) does not limit the dependent status of the minor to the most recent tax year. For example, if the North Carolina resident parent claimed the minor as a dependent for 3 years, the minor is deemed to have been domiciled in North Carolina for 3 years. 3. If a minor child s parents are divorced, child lives in Virginia with mother, however, father claimed him one year in North Carolina. Can the child be considered an NC resident? Yes, to qualify under this provision, the parent claiming the minor as a dependent must also be a legal resident of North Carolina. The length of time the minor is deemed to be domiciled in North Carolina under this provision is the time period in which the parent claimed the minor as a dependent. Initial Classification 1. If a student is in-state at another UNC system school, but in reviewing the same applicant at another institution, and the student is clearly out-of-state, is it acceptable to classify the student as out of state? Yes, the student should be classified as the preponderance of evidence indicates. Per the manual, the initial classifications (and any subsequent reclassifications) are not binding on another institution. 2. You indicated that a student who lives with a parent (who is transferred to NC for work) would be eligible for residency. How long do they have to live in NC to considered residents? A community college may charge in state tuition to up to one percent (1%) of its out-of-state students (rounded up to the next whole number) to accommodate the families transferred into North Carolina by business or industry, or civilian families transferred into North Carolina by the Military. This provision is available Three hundred sixty-five days (365) days or immediately? 3. If a student and their family move to NC six months before the student graduates from high school and the student actually graduates from a NC high school, are they automatically considered a resident based on their NC high school graduation? No, they are not because they will not meet the 12 months in NC, prior to enrollment requirement. 4. When determining if a student has been a permanent resident of NC for 12 months, is this 12 months as of the date of the application, as of the date of application review, or as of the date of the beginning of the semester? The initial classification is based on the date of the application for admission. The reclassification application is based on the first date of the semester or term of enrollment subject to meeting the requirements of the general statue. Page 10 of 11

11 5. When is a decision regarding in-state residency made? Should it be exactly 12 months from the date the applicant moved to NC; can it be made a few days before the 12 months? Only students who can show 12 months of uninterrupted domicile in North Carolina are eligible for consideration for in-state residency. I would encourage applicants not to apply for in-state residency until they meet this requirement, unless they can use the grace period or an exception. 6. At the time of reviewing a reclassification application, if the student has not been in NC for 12 months, but will be by the beginning the semester, is it okay to review an application early (for example, a month ahead of time)? No, if you review the application early, the student will be out-of-state because they do not meet the 12 months in NC requirement at the time of your review. 7. When a student (or parent) moves out of NC after properly being admitted as in-state, is the only way for the college/university to know of the change, is if the student reports it to us? (In other words, if they don t report it, we won t know.) If there is a change in facts since the student was initially classified, it is the responsibility of the student to notify the institution of the change. An enrolled student is granted a 12 month grace period that begins when the event occurs that caused the reclassification (in other words, when the student's legal domicile changed to out of state). However if an institution has reason to believe a change has occurred for a particular student, then the institution has the responsibility to investigate. 8. Florida high school senior (18); father moves to NC but does not have 12 months domicile yet, therefore; the student could not qualify for his fall term. For the following spring term, the parent is now domiciled for 12 months, but the student is not. Does the student now qualify for spring? The student is not a minor, and therefore would have to establish residency on their own. In this case the student would not be eligible for in-state residency in the spring, because the student does not meet the 12 months in NC requirement. Page 11 of 11