Residency Status

[The following appears as SIU Board of Trustees 3 Policies A]

For the purpose of these regulations an "adult" is considered to be a student 18 years of age or over; a "minor" student is a student under 18 years of age. The term "the State" means the State of Illinois except in the following instances: 1) for the purposes of assessing graduate-level student tuition, the Chancellors, with the agreement of the President, may take the term "the State" to include the Kentucky counties of Ballard, Caldwell, Calloway, Carlisle, Crittenden, Fulton, Graves, Hickman, Livingston, Lyon, McCracken, Marshall, Trigg, and Union; 2) for purposes of assessing graduate-level student tuition for not more than 6 semester- or 9 quarter-hours, the Chancellors, with the agreement of the President, may take the term "the State" to include the State of Missouri. Neither exception may apply to the assessment of tuition at the School of Dental Medicine, the School of Law, or the School of Medicine. Except for those exceptions clearly indicated in these regulations, in all cases where records establish that the person does not meet the requirements for resident status as defined in these regulations, the non-resident status shall be assigned (4\11\96).

1. Residency determination: Evidence for determination of residence status of each applicant for admission to the university shall be submitted to the director of Admissions at the time of application for admission. A student may be reclassified at any time by the university upon the basis of additional or changed information. However, if the university has erroneously classified the student as a resident, the change in tuition shall be applicable beginning with the term following the reclassification; if the university has erroneously classified the student as a nonresident, the change in tuition shall be applicable to the term in which the reclassification occurs, provided the student has filed a written request for review in accordance with these regulations. If the university has classified a student as a resident based on false or falsified documents, the reclassification to nonresident status shall be retroactive to the first term during which residency status was based on the false or falsified documents.
2. Adult student: An adult, to be considered a resident, must have been a bona fide resident of the State for a period of at least 6 consecutive months immediately preceding the beginning of any term for which the individual registers at the university, and must continue to maintain a bona fide residence in the State, except that an adult student whose parents (or one of them if only one parent is living or the parents are separated or divorced) have established and are maintaining a bona fide residence in the State and who resides with them (or the one residing in the State) or elsewhere in the State will be regarded as a resident student.
3. Minor student: The residence of a minor shall be considered to be and to change with and follow:
   1. that of the parents, if they are living together, or living parent, if one is dead; or
   2. if the parents are separated or divorced, that of the parent to whom the custody of the person has been awarded by court decree or order or, in the absence of a court decree or order, that of the parent with which the person has continuously resided for a period of at least 6 consecutive months immediately preceding registration at the university; or
   3. that of the adoptive parents, if the person has been legally adopted and, in the event the adoptive parents become divorced or separated, that of the adoptive parent whose residence would govern under the foregoing rules if that parent had been a natural parent; or
   4. that of the legally appointed guardian of the person; or
   5. that of the "natural" guardian, such as a grandparent, adult brother or adult sister, adult uncle or aunt, or other adult relative with whom the person has resided and by whom the student has been supported for a period of at least 6 consecutive months immediately preceding registration at the university for any term, if the person's parents are dead or have abandoned said person and if no legal guardian of the person has been appointed and qualified.
4. Parent or guardian: No parent or legal or natural guardian will be considered a resident of the State unless said person
   1. maintains a bona fide and permanent place of abode within the State, and
   2. lives, except when temporarily absent from the State with no intention of changing the legal residence to some other State or country, within the State.
5. Emancipated minor: If a minor has been emancipated, is completely self-supporting, and actually resides in the State, the minor shall be considered to be a resident even though the parents or guardian may reside outside the State. An emancipated minor who is completely self-supporting shall be considered to "actually reside in the State of Illinois" if a dwelling place has been maintained within the State uninterruptedly for a period of at least 6 consecutive months immediately preceding term registration at the university. Marriage or active military service shall be regarded as effecting the emancipation of minors, whether male or female, for the purposes of this regulation. An emancipated minor whose parents (or one of them if only one parent is living or the parents are separated or divorced) have established and are maintaining a bona fide residence in the State and who resides with them (or the one residing in the State) or elsewhere in the State will be regarded as a resident student.
6. Married student: A nonresident student, whether male or female, or a minor or adult, or a citizen or noncitizen of the United States, who is married to a resident of the State, may be classified as a resident so long as the individual continues to reside in the State; however, a spouse through which a student claims residency must demonstrate residency in compliance with the requirements applicable to students seeking resident status.
7. Persons without United States citizenship: A person who is not a citizen of the United States of America who meets and complies with all of the other applicable requirements of these regulations may establish residence status; unless the person holds a visa which on its face precludes an intent to reside in the United States.
8. Armed Forces personnel: A person who is actively serving in one of the Armed Forces of the United States and who is stationed and present in the State in connection with that service and submits evidence of such service and station, shall be treated as a resident as long as the person remains stationed and present in Illinois. If the spouse or dependent children of such member of the Armed Forces also live in the State, similar treatment shall be granted to them.

   A person who is actively serving in one of the Armed Forces of the United States and who is stationed outside the State may be considered a resident only if the individual was a resident of the State at the time of entry into military service, except as otherwise specified by board policy.

   A person who is separated from active military service will be considered a resident of Illinois immediately upon separation providing this person a)was a resident of the State at the time of enlistment in the military service, b)became treated as a resident while in the military, or c)has resided within the State for a period of 6 months after separation.

9. State and Federal Penitentiary: A person who is incarcerated in a State or Federal place of detention within the State of Illinois will be treated as a resident for tuition assessment purposes as long as said person remains in that place of detention. If bona fide residence is established in Illinois upon release from detention, the duration of residence shall be deemed to include the prior period of detention.
10. Minor children of parents transferred outside the United States: The minor children of persons who have resided in the State for at least 6 consecutive months immediately prior to a transfer by their employers to some location outside the United States shall be considered residents. However, this shall apply only when the minor children of such parents enroll in the university within 5 years from the time their parents are transferred by their employer to some location outside the United States.
11. Dependents of university employees: The spouses and dependent children of all staff members (academic, administrative, nonacademic) on appointment with the university shall be considered as resident students for purposes of tuition assessment.
12. Contractual Agreements. The Chancellors, with the approval of the President, may enter into agreements with other institutions in or out of state under the terms of which students at the other institutions are defined as residents of the State of Illinois.
13. Definition of terminology: To the extent that the terms "bona fide residence," "independent," "dependent," and "emancipation," are not defined in these regulations, definitions shall be determined by according due consideration to all of the facts pertinent and material to the question and to the applicable laws and court decisions of the State of Illinois.

    A bona fide residence is a domicile of an individual which is the true, fixed, and permanent home and place of habitation. It is the place to which, whenever absent, the individual has the intention of returning. Criteria to determine this intention include but are not limited to year around residence, voter registration, place of filing tax returns home state indicated on federal tax return for purposes of revenue sharing), property ownership, driver's license, car registration, vacations, and employment.

14. Procedure for review of residency status or tuition assessment: A student who takes exception to the residency status assigned or tuition assessed shall pay the tuition assessed but may file a claim in writing to the appropriate official for a reconsideration of residency status and an adjustment of the tuition assessed. The written claim must be filed within 30 school days from the date of assessment of tuition or the date designated in the official SIUC or SIUE calendar as that upon which instruction begins for the academic period for which the tuition is payable, whichever is later, or the student loses all rights to a change of status and adjustment of the tuition assessed for the term in question. If the student is dissatisfied with the ruling in response to the written claim made within said period, the student may appeal the ruling to the Chancellor or his/her designee by filing with that official within 20 days of the notice of the ruling a written request.