New York State Residency

An Individual whose domicile is in New York State prior to registration may be deemed a resident for tuition purposes. Persons who have previously been classified as out of state are presumed to be out-of-state residents, unless they can show they are domiciled in New York State presently despite the fact that they have not been so domiciled for a period of 12 months.

Residency as Domicile

A. The term “resident” is defined as an individual whose domicile is in New York State. A domicile is that place where an individual maintains his or her permanent home and to which he or she always intends to return. While a student may have a number of residencies, he or she many have only one domicile. Normally, a student does not acquire a new domicile by reason of his or her presence in New York State for attendance at an institution of higher education. However, that individual is not precluded by his or her student status form abandoning a former domicile and establishing a new one. The domicile of an unemancipated student is that of his or her parents or other legal guardian. The attainment of the age of majority (18 years) does not automatically separate one from the domicile of parents or guardians. Proof of emancipation must include evidence of financial independence. Factors relevant to the determination of financial independence include but are not limited to the following:

1. employment on a part-time or full-time basis;
2. sources and extent of financial support by parents or guardian
3. sources and extent of other income
4. independent filing by the student as dependent for exemption
5. parental claim of individual as dependent for exemption
6. residence with parents or guardian during summer or other academic term or recess
7. status of student as financially independence for purposes of federal and/or state financial assistance.

B. Proof of domicile is based upon an intention to make New York State a permanent home and the existence of facts pending to confirm such intention. In cases of discrepancy, a declared intention will yield to a reasonable conclusion drawn from evidence of current conduct. In determining domicile, all surrounding circumstances, in addition to expressed intention, must be considered. Factors relevant to determination of domicile include:

1. residence of parents, spouse, and children 
2. place of voter registration
3. residence for personal income tax purposes
4. financial independence, business pursuits, employment, and income sources
5. status of motor vehicle and other persona; property registration
6. status of real and personal property.
Not all of these factors need exist to support a domiciliary determination, nor is this list exclusive. Rather, such a determination depends upon a composite appraisal of all the facts presented in each case.

Additional instructions and the Application for New York State Residency are avaiable on the Registrar's web page.