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Residency Basics Homeward Bound: The Incredible Journey

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1 Residency Basics Homeward Bound: The Incredible Journey
Presented By: Kellie Dyer, Associate Director Office of Admissions & Recruitment University of Oklahoma Virginia Leathers, Senior Coordinator Operations Office of Undergraduate Admissions Oklahoma State University

2 University of Oklahoma: Residency Process
The residency process is managed by the Office of Admissions and Recruitment. All students, new and continuing are reviewed by OAR including all levels and campuses except the Health Sciences Center. Information submitted by applicants at the time of application is used in determining initial classifications. Conflicting information based on school attendance or length of stated residency may be questioned and a petition will be requested. OU’s petition is an online form (Laserfische) and a PDF is not provided. Supporting documentation may be uploaded at the time of the petition or submitted after. Students who may qualify under the Veterans’ Choice Act can be processed with a petition or in a separate process using the DD214 and Letter of Intent.

3 OU Non resident tuition waivers
OU will award miscellaneous non-resident tuition waivers under certain circumstances. International students graduating from Oklahoma high schools with two years of living in OK with parents/legal guardians (currently under review). Dependents of an international person on a work visa in Oklahoma being sponsored for US permanent resident status. International students married to Oklahoma residents. International students considered “eligible participants” within ROTC. Undocumented students who qualify under HB 1804.

4 Oklahoma State University: Residency Process
The initial residency decision is based on the questions on the Undergraduate Admissions Application. Permanent and Parent(s) address, Citizenship status, State of Residence, Years in Oklahoma and address, Age of the applicant, Institutions attended high school and post-secondary, and Military service Students that have conflicting information are made non- residents and sent the petition. OSU Tulsa, International Undergraduate Admissions, Graduate College, Center for Heath Sciences, and Center for Veterinary Health Sciences: all do their own initial residency decisions. All currently enrolled students residency petitions and renewals are handled by the Registrar’s office.

5 OSU Non resident tuition waivers
Out of State OK Income Tax Tuition Waiver: Residents of border states whose property ownership, tax dollars, etc., cross state borders frequently. Out of State Full Time Work Visa Tuition Waiver: Documented foreign nationals with work visas who are working full-time in Oklahoma dependents and spouses. HB 1804 Tuition Waiver: Undocumented students (HB 1804) who graduated from an OK high school and resided in OK with a parent or legal guardian for at least 2 yrs. prior to HS graduation.

6 Residency Petition Possible Documentation Requirements:
Income Taxes: State and Federal Mortgage or Rent Agreements DD214 and/or Earn Leave Statements Affidavit of Intent/ Permanent Resident Cards/Visa W2s and/or billing statements Divorce/Custody agreements

7 In-State / out-of-State Status of Enrolled Students
Key OSRHE policy concepts

8 Resources: University of Oklahoma:
s/affordability/cost/residency- faq.h Oklahoma State University: n-State-vs-Out-of-Statetml Oklahoma State Regents for Higher Education /state-system/policy- procedures/part3.shtml Section 3.18 Academic Affairs Procedures Handbook /state-system/policy- procedures/2016/AA%20Pro cedures%20Handbook% pdf

9 OSRHE Policy 3.18 – Key Concepts
Domicile and Intent to Remain: Domicile is a person’s true, fixed, permanent home or habitation. Place where he/she intends to remain and to which he/she expects to return. A person can have more than one residence, but only one domicile. Domicile has two components: Residence and Intent to remain When these two occur, there is domicile.

10 OSRHE Policy 3.18 – Key Concepts
Although these over-arching concepts are vague, the policy provides further clarification Attendance at postsecondary institutions may be a long-term experience, but doesn’t establish in-state status Students neither gain nor lose in-state status solely by such attendance Students attending Oklahoma colleges may pay state income taxes, register to vote in OK, obtain an OK driver’s license, etc.; but these acts alone are insufficient evidence to establish in-state status

11 In-State Status (Dependents)
Dependents generally have the same residency status as their parent/legal guardian Students who resided in Oklahoma at the time of graduation from an Oklahoma high school and have resided in the state with a parent/legal guardian for the 2 years prior to high school graduation are eligible for in-state status (provided they haven’t established residency in another state)

12 In-State Status (Independents)
“In-state” status is a classification for an independent person who has lived continuously in Oklahoma for at least 12 months, not primarily as a student, and has established domicile in Oklahoma Students attending an Oklahoma college on more than a half-time basis are presumed to be in the state primarily for educational purposes (and not to establish domicile)

13 In-State Status (Independents)
At least 24 years of age; or Married; or Not claimed as a dependent for Federal Income Tax purposes AND Is responsible for his or her own care, custody, and support

14 In-State Status (Exceptions)
Individuals who have come to Oklahoma to work full-time or practice a profession on a full-time basis (and their spouses & dependents) An individual who marries an established in-state resident Uniformed Services and Other Military Service/Training (VCA) Eligible ROTC Participants and Scholarship Recipients

15 In-State Status – Finer Points
Uniformed Services & Other Military Service/Training Does not include full-time National Guard Duty Reserve members The National Guard or reserves are not considered uniformed service however, one who is called to federal active duty is serving within the uniformed services category during that time.

16 In-State Status – Finer Points
Spouses establish status on a separate basis, except: Marrying an established in-state student Full-time active duty military exception Full-time worker exception An individual classified as in-state shall not be reclassified until 12 months after leaving Oklahoma to live in another state

17 In-State Status-international
In-State status only possible for U.S. citizens or lawful permanent residents (green card) Documented foreign nationals on educational visas who’ve graduated from an OK high school and have lived with parents for at least last 2 years of high school do not qualify for in- state status (OSRHE clarification ) However, we currently award miscellaneous NRTWs. Documented foreign nationals with visas that allow FT employment for extraordinary abilities or are being sponsored for PR status for a position in OK are eligible for NR tuition waivers.

18 Undocumented Students
Undocumented students who’ve graduated from an OK high school and have lived in OK with parents for at least last 2 years of HS may be eligible for an out- of-state tuition waiver if they present: Documentation of application with USCIS to legalize immigration status, or A notarized Affidavit of Intent

19 Case Studies

20 Case Study #1 Drew is from Texas. He’s decided to move to Oklahoma in July just before he begins his senior year of high school. He decides to reside with his grandmother in Walters, OK (his parents still reside in TX) to help her with errands since her health has been declining. Drew also wants to begin college in Oklahoma after he graduates from Walters High School. Is Drew eligible for in-state status? Policy states it must be two years at an Oklahoma high school with parents living in Oklahoma as well.

21 Case Study #2 Jack has a dependent son attending OU. He recently obtained a full-time position as a Sales Representative for a company that is located in Oklahoma. Jack owns a home in Plano, TX where his wife and youngest child still reside. Throughout the work week, Jack stays at his son’s apartment and sleeps on the couch. He returns to his Plano home on the weekends. Does Jack’s son qualify for “in-state” status? No. Policy states that there can be more than one residence but only one domicile. The fact that his spouse has remained in Texas with his younger child shows that they have not moved their fixed, permanent home to Oklahoma. Domicile has two components, residence with intent to remain.

22 Case study #3 David is graduating from Columbus HS in Georgia. His mom and dad divorced when he was 12. His mom is a resident of Georgia and claims him as a dependent and his dad is an Oklahoma resident. David visits Oklahoma maybe once or twice a year for a fishing trip. He also sees his dad at an annual family reunion every year that is held in Texas. Would David qualify as an in-state student for tuition purposes? The student will be reviewed on a case-by-case basis and may be classified as in-state so long the instate parent satisfies either:  Policy Uniformed Services and Other Military Service/Training or Full-Time Professional Practitioner or Worker or  Has resided in Oklahoma for two consecutive years and has established domicile (documentation of established domicile and length of residence in Oklahoma may be requested by the institution). Further, a petition and statement with supporting documentation of primary care, custody and support submitted by the parent residing in Oklahoma may be requested by the institution in effort to determine in-state/out-of-state status. The burden of proof to establish in-state status shall be upon the student.

23 Case Study #4 Kenneth has a daughter named Angela that is attending your institution. Kenneth lived in Houston, TX until his employer relocated him to Dubai. After living in Dubai for multiple years Kenneth and his wife, Valerie, sell their home in Houston and purchase a home near your institution. Valerie is a full-time mom and does not work outside of the home, but she obtains an Oklahoma driver’s license and vehicle registration while claiming to live with her daughter. Kenneth and Valerie do not file an Oklahoma tax return and their younger children attend school in Dubai. The only property they own in the United States is located near OU. Does Angela qualify for “in-state” status? This is an interesting case just to determine how schools would consider these circumstances.

24 Case Study #5 Christi graduated from high school in Kansas and has been attending OU as a full-time student since H.S. graduation. She married Greg this past summer. Greg grew up in Oklahoma, graduated from Bixby High School and has been a full-time student at OU since H.S. graduation. Does Christi qualify for in-state status? Yes, Christi qualifies for in-state status since she married an established Oklahoma resident. Section F of the policy states, “… when an out-of-state status individual marries a person with in-state status, the out-of-stat individual may be considered in-state after documentation of marriage and proof of domicile are satisfied without the 12 month domiciliary waiting period …” Important to note that F starts out by saying that “each spouse in a family shall establish his or her own status on a separate basis.” The scenario above is one of the stated exceptions for married persons – the other exceptions for married persons are indicated in the full-time active duty military exception (3.17.7) and full-time worker exception (3.17.8).

25 Case Study #6 Se Hoon has lived in Oklahoma for the last 4 years, attending Edmond Memorial High School while his father is working on his PhD at UCO. His father is on an F1 visa, and Se Hoon is on an F2 visa. Se Hoon is scheduled to graduate H.S. in May 2017 and has applied to OU for Fall His father is graduating with his PhD this December and will be returning to Seoul. Does Se Hoon qualify for in-state status? No, documented foreign nationals are not eligible for in-state status indicates that documented foreign nationals are eligible for in-state classification if they become lawful permanent residents and meet the other domicile requirements as indicated in the policy. Documented foreign nationals who are graduating from an Oklahoma high school while parents are in Oklahoma as well may be eligible for a NRTW.

26 Case Study #7 K.C. and his wife Sunshine were born and raised in Oklahoma, but moved to New York in June 2015 for a full-time employment opportunity for K.C. After growing weary of their busy life in New York, K.C. quit his job in April 2017 and they moved back home to Oklahoma later that month. They are living off of their savings while K.C. looks for the right full-time job and Sunshine has enrolled as a full-time student at OU for the Fall semester. Does Sunshine qualify for in-state status? If K.C. secures full-time employment in Oklahoma during the Fall 2017 semester, will Sunshine qualify for in- state status for the Spring 2018 semester? No. Although they were previously domiciled in Oklahoma, they established domicile in NY since they relocated to NY for the husband’s full-time employment and they lived & worked there for over a year. They have not yet established domicile in Oklahoma as of the fall 2017 semester. However, it seems as though Sunshine could qualify for in-state status for the spring 2017 semester under the full-time worker exception. If they can provide evidence that they relocated to Oklahoma with the intent of the husband working on a full-time basis, then both K.C. and Sunshine could be immediately classified as in-state status without the 12 month domiciliary requirement at the next term of enrollment, so long as he continues in such full-time employment capacity or until they independently establish in-state status.

27 Questions? Kellie Dyer: kdyer@ou.edu or 405-325-5963
Virginia Leathers: or


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