02-08 --Residency Regulations

Arkansas State University - Jonesboro
Effective Date: 08/12/97
Number: 02-08
Section: Academic Affairs
Subject: Residency Regulations

The purpose of these recommendations is to enable the administrative officers of the
Arkansas state-supported colleges and universities to make comparable decisions in
classifying students as "in-state" or "out-of-state" and to accord fairness and equity to
the students and at the same time to protect the interests of Arkansas higher
educational institutions, and that of Arkansas taxpayers, from unfounded claims
advanced for the purpose of evading payment of proper charges for educational
services.
1. No student shall be admitted to a state-supported college or university in
Arkansas and be classified as an "in-state" student for student fee purposes
unless he or she is a bona fide domiciliary of Arkansas and has resided in this
state in that status for at least six consecutive months prior to the beginning of
the term or semester for which the fees are to be paid.
2. An out-of-state student enrolled for a full, or substantially full, program of courses
or credits at an educational institution is considered to be in Arkansas primarily
for the purpose of attending school and not for the purpose of establishing in
good faith a true, fixed and permanent home constituting an Arkansas domicile.
Continued presence in Arkansas during vacation periods or during a period or
periods when not enrolled in an educational institution, where any one such
period does not extend for at least 6 continuous months, shall not justify
reclassification to an in-state student status.
3. Initial classification as an out-of-state student shall not prejudice the right of that
student to be reclassified thereafter for following semesters or terms of
enrollment as an in-state-student, provided he or she has actually acquired a
bona fide Arkansas domicile and has resided in Arkansas thereafter for six
continuous months duration as such domiciliary prior to his or her reclassification
by a college or university. In similar manner, an in-state student shall be
reclassified for future semesters and terms where his or her domicile is moved to
some other state.
a. For Arkansas college and university purposes, a local domicile, together
with residing here as such for six continuous months or more, is acquired
through Arkansas coming to be one's home and his residence as
distinguished from a temporary sojourn in Arkansas as a student, and
involves the probability of remaining in Arkansas beyond graduation

b. The single fact of residence in Arkansas for at least six continuous months
of attendance as a student enrolled in an Arkansas state-supported
college or university or in any other colleges or universities in Arkansas,
neither constitutes nor necessarily precludes the acquisition of a basis for
reclassification, but is a factor to be considered.
4. The responsibility for registering under a proper classification for this purpose is
placed upon the student, and it is the duty of each student at each time of
registration, if there be any question of his or her proper classification or
reclassification for fee purposes, to raise the question of his or her status with the
registrar's office in order to have such question settled by the registrar.
a. Any classification initially on enrolling and re-enrolling in a college or
university, or any reclassification, made or concurred in by the registrar
may be appealed for review and determination to the designated
administrative person who, in his discretion, shall conduct informal
hearings, receive evidence, and make an investigation as may be
appropriate so that he may render a decision with notice thereof to the
affected student.
b. Written notice of such appeals procedure shall be provided to each
student raising the question of his or her status with the registrar.
5. A student from outside of Arkansas shall have the burden of establishing by proof
any claim that he or she is entitled to be treated as an in-state student for fee
purposes, and evidence to that effect must be presented in writing, verified under
oath by the student. Mere self-serving claims of local domicile and duration of
stay are of little weight. A student who knowingly gives erroneous information in
an attempt to evade payment of out-of-state fees shall be subject to dismissal
from a college or university. 

DEFINITIONS AND REGULATIONS
1. "Domicile", in order to constitute one an "in-state" student, means that Arkansas
is the legal home and place of permanent living of such student for all purposes,
and that the intention to make one's permanent home here has been manifested
objectively by good faith acts, and that mere physical presence here is alone
insufficient. In this sense, domicile is the equivalent of a legal residence. The rule
requires that a domiciliary of Arkansas be also physically present in such
domiciliary status in Arkansas for at least six continuous months prior to
recognition of that status for fee purposes.
2. For purposes where the student's status is dependent upon the domicile and
place of residing of his or her parent or parents, the definition in (1) above shall
govern the determination of domicile of the parents. Neither the mere fact of
presence in Arkansas with his or her children while the latter are attending a
college or university of some other educational institution or institutions in
Arkansas, nor the mere ownership of property located in Arkansas is sufficient
proof of such local domicile and place of residing, but are to be considered
together with all pertinent circumstances.
3. The domicile and legal residence of a minor student is the same as:
a. That of the parents or surviving parent; or
b. That of the parent to whom custody of the minor has been awarded by a
divorce or other judicial decree; or
c. That of the parent with whom the minor in fact makes his home, if there
has been a separation of parents without judicial award of custody; or
d. That of an adoptive parent, where there has been alegal adoption, even
though the natural parents or parent be living; or
e. That of a "natural" guardian, such as grandparent or other close relative
with whom the minor in fact makes his home, where the parents are dead
or have abandoned the minor.
4. Appointment of a guardian in a state outside of Arkansas will attribute the
domicile of the minor student to that of his or her out-of-state guardian.
Establishment of guardianship or adoption for the purpose of evading fees will
not be recognized.
5. A minor emancipated by the law of his domicile or on reaching the legal age of
majority has the power which any adult has to acquire a different domicile and a
different place of residing; however, his prior domicile of origin continues until he
clearly establishes a new one. Marriage constitutes emancipation of minors, both
male and female.

Note: Act 892 of 1975 states:
All persons of the age of eighteen (18) years shall be considered to have reached the
age of majority and be of full age for all purposes, and until the age of eighteen (18) is
attained, they shall be considered minors. Any law of the State of Arkansas which
presently requires a person to be of a minimum age of twenty-one (21) years to enjoy
any privilege or right, or to do any act, or to participate in any event, election or other
activity, shall be deemed to require that person to be of a minimum age of eighteen
years; except that this Act shall not repeal, amend or otherwise affect any existing laws
concerning or in any way relating to beer, wines, spirituous, vinous, or malt liquors, or
other alcoholic beverages, and the sale thereof to persons under twenty-one (21) years
of age.
 For either an adult or an emancipated minor to acquire a domicile in this state he
must have permanently left his parental home, must have established a legal
home (domicile) of permanent character in school here, and resided here for six
continuous months as an Arkansas domiciliary, and must have no present
definite intent of removing therefrom as of a time certain.
 Determination of local domicile shall be based on a review of all pertinent factors
and circumstances which collectively may reasonable be deemed to objectively
manifest a state of mind regarding domicile.
 Students living in the states bordering Arkansas who receive mail at an Arkansas
post office are not domiciliaries of Arkansas.
 If a member of the Armed Forces is stationed in the State of Arkansas pursuant
to military orders, he or she and his or her unemancipated dependents, shall be
entitled to classification as in-state for fee paying purposes.

International Students
The following guidelines are to assist University personnel in determining residency
status of nonimmigrant students. The key issue is establishing when the student has the
requisite intent to make Arkansas his or her home.
A nonimmigrant alien may establish Arkansas as his or her residence by changing his
or her immigration status from nonimmigrant to immigrant, including resident alien. In
either case, once a nonimmigrant student submits to the Immigration and Naturalization
Service his or her petition for immigrant status, the individual should be evaluated by the
same criteria as a resident from another state who is attempting to establish Arkansas
residency. The following examples should help in making appropriate determinations.
Permanent Resident Alien, who has lived in Arkansas as a permanent resident alien
for five years. Immediately eligible for in-state tuition rates.
Permanent Resident Alien, who moved to Arkansas from another state less than six
(6) months ago. Eligible for consideration for in-state tuition rates at the end of six (6)
months.
Nonimmigrant Alien Student, who marries Arkansas citizen, does not petition for
immigrant status. Not eligible for in-state tuition rates.
Nonimmigrant Alien Student, who marries Arkansas citizen, petitions for permanent
resident status. Eligible for consideration for in-state tuition rates six (6) months from
date of petition.
Nonimmigrant Alien Student, petitions for permanent resident status. Eligible for
consideration for in-state tuition rates six (6) months from date of petition. In other
words, after applying for permanent resident status, the student should be evaluated by
the same criteria as a student who moved here from another state. These examples are
guidelines only. Each residency request must be considered on its own facts. As in all
cases considering in-state residency, additional documentation of year-round residence,
voter registration, place of filing tax returns, property ownership, driver's license, car
registration, marital status, and additional documentation of intent to remain should be
considered in determining whether Arkansas residency has been established.
These guidelines for international students are based on opinions from the University's
Legal Counsel.
Reviewed 11/15/2011.