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Criteria for Ohio Residency

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Students who are nonresidents of Ohio must pay a nonresident fee in addition to other fees and charges. The following Ohio Board of Regents' Residency Rule 3333-1-10 determines who can be considered an Ohio resident and cites specific exceptions to the general rules. The rule reads as follows.

Ohio Board of Regents Rule 3333-1-10 Ohio student residency for state subsidy and tuition surcharge purposes

Intent and Authority
1. It is the intent of the Ohio Board of Regents in promulgating this rule to exclude from treatment as residents, as that term is applied here, those persons who are present in the state of Ohio primarily for the purpose of receiving the benefit of a state-supported education.
2. This rule is adopted pursuant to Chapter 119 of the Revised Code, and under the authority conferred upon the Ohio Board of Regents by section 3333.31 of the Revised Code.
Definitions
For purpose of this rule:
1. "Resident" shall mean any person who maintains a twelve-month place or places of residence in Ohio, who is qualified as a resident to vote in Ohio and receive state public assistance, and who may be subjected to tax liability under section 5747.02 of the Revised Code, provided such person has not, within the time prescribed by this rule, declared himself or herself to be or allowed himself or herself to remain a resident of any other state or nation for any of these or other purposes.
2. "Financial support," as used in this rule, shall not include grants, scholarships, and awards from persons or entities that are not related to the recipient.
3. An "institution of higher education" shall have the same meaning as "state institution of higher education" as that term is defined in Section 3345.011 of the Revised Code, and shall also include private medical and dental colleges which recieve direct subsidy from the state of Ohio.
4. "Domicile" as used in this rule is a person's permanent place of abode, so long as the person has the legal ability under federal and state law to reside permanently at that abode. For the purpose of this rule, only one domicile may be maintained at a given time.
5. "Dependent" shall mean a student who was claimed by at least one parent or guardian as a dependent on that person's Internal Revenue Service tax filing for the previous tax year.
6. "Residency Officer" means the person or persons at an institution of higher education that has the responsibility for determining residency of students under this rule.
7. "Community Service Position" shall mean a position volunteering or working for:
  1. VISTA, AmeriCorps, City Year, the Peace Corps, or any similar program as determined by the Ohio Board of Regents; or
  2. An elected or appointed public official for a period of time not exceeding 24 consecutive months.
Residency for Subsidy and Tuition Surcharge Purposes
The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:
1. A student whose spouse, or a dependent student, at least one of whose parents or legal guardian, has been a resident of the state of Ohio for all other legal purposes for twelve consecutive months or more immediately preceding the enrollment of such student in an institution of higher education.
2. A person who has been a resident of Ohio for the purpose of this rule for at least twelve consecutive months immediately preceding his or her enrollment in an institution of higher education and who is not receiving, and has not directly or indirectly received in the preceding twelve consecutive months, financial support from persons or entities who are not residents of Ohio for all other legal purposes.
3. A dependent student of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, has accepted full-time, self-sustaining employment and established domicile in the state of Ohio for reasons other than gaining the benefit of favorable tuition rates. Documentation of full-time employment and domicile shall include both the following documents:
  1. A sworn statement from the employer or the employer's representative on the letterhead of the employer or the employer's representative certifying that the parent, legal guardian or spouse of the student is employed full time in Ohio.
  2. A copy of the lease under which the parent, legal guardian or spouse is the lessee and occupant of rented residential property in the state; a copy of the closing statement on residential real property located in Ohio of which the parent, legal guardian or spouse is the owner and occupant; or if the parent, legal guardian or spouse is not the lessee or owner of the residence in which he or she has established domicile, a letter from the owner of the residence certifying that the parent, legal guardian or spouse resides at that residence.
Additional criteria that may be considered in determining residency may include but are not limited to the following:
1. Criteria evidencing residency:
  1. If a person is subject to tax liability under section 5747.02 of the Revised Code;
  2. If a person qualifies to vote in Ohio;
  3. If a person is eligible to receive Ohio public assistance;
  4. If a person has an Ohio's driver's license and/or motor vehicle registration.
2. Criteria evidencing lack of residency:
  1. If a person is a resident of or intends to be a resident of another state or nation for the purpose of tax liability, voting, receipt of public assistance, or student loan benefits (if the student qualified for that loan program by being a resident of that state or nation);
  2. If a person is a resident or intends to be a resident of another state or nation for any purpose other than tax liability, voting, or receipt of public assistance (see paragraph (D)(2)(a) of this rule).
3. For the purpose of determining residency for tuition surcharge purposes at Ohio's state-assisted colleges and universities, an individual's immigration status will not preclude an individual from obtaining resident status if that individual has the current legal status to remain permanently in the United States.
Exceptions to the general rule of residency for subsidy and tuition surcharge purposes:
1. A person who is living and is gainfully employed on a full-time or part-time and self-sustaining basis in Ohio and who is pursuing a part-time program of instruction at an institution of higher education shall be considered a resident of Ohio for these purposes.
2. A person who enters and currently remains upon active duty status in the United States military service while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile.
3. A person on active duty status in the United States military service who is stationed and resides in Ohio and his or her dependents shall be considered residents of Ohio for these purposes.
4. A person who is transferred by his or her employer beyond the territorial limits of the fifty states of the United States and the District of Columbia while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile as long as such person has fulfilled his or her tax liability to the state of Ohio for at least the tax year preceding enrollment.
5. A person who has been employed as a migrant worker in the state of Ohio and his or her dependents shall be considered a resident for these purposes provided such person has worked in Ohio at least four months during each of the three years preceding the proposed enrollment.
6. A person who was considered a resident under this rule at the time the person started a community service position as defined under this rule, and his or her spouse and dependents, shall be considered a resident of Ohio while in service and upon completion of service in the community service position.
7. A person who returns to the state of Ohio due to marital hardship, takes or has taken legal steps to end a marriage, and reestablishes financial dependence upon a parent or legal guardian (recieves greater than 50% of his or her support from the parent or legal guardian), and his or her dependents shall be considered residents of Ohio.
8. A person who is a member of the Ohio National Guard and who is domiciled in Ohio, and his or her spouse and dependents, shall be considered residents of Ohio while the person is in the Ohio National Guard service.
Procedures
1. A dependent person classified as a resident of Ohio for these purposes under the provisions of paragraph (C)(1) of this rule and who is enrolled in an institution of higher education when his or her parents or legal guardian removes their residency from the state of Ohio shall continue to be considered a resident during continuous full-time enrollment and until his or her completion of any one academic degree program.
2. In considering residency, removal of the student or the student's parents or legal guardian from Ohio shall not, during a period of twelve months following such removal, constitute relinquishment of Ohio residency status otherwise established under paragraph (C)(1) or (C)(2) of this rule.
3. For students who qualify for residency status under paragraph (C)(3) of this rule, residency status is lost immediately if the employed person upon whom resident student status was based accepts employment and establishes domicile outside Ohio less than twelve months after accepting employment and establishing domicile in Ohio.
4. Any person once classified as a nonresident, upon the completion of twelve consecutive months of residency, must apply to the institution he or she attends for reclassification as a resident of Ohio for these purposes if such person in fact wants to be reclassified as a resident. Should such person present clear and convincing proof that no part of his or her financial support is or in the preceding twelve consecutive months has been provided directly or indirectly by persons or entities who are not residents of Ohio for all other legal purposes, such person shall be reclassified as a resident. Evidentiary determinations under this rule shall be made by the institution which may require, among other things, the submission of documentation regarding the sources of a student's actual financial support.
5. Any reclassification of a person who was once classified as a nonresident for these purposes shall have prospective application only from the date of such reclassification.
6. Any institution of higher education charged with reporting student enrollment to the Ohio Board of Regents for state subsidy purposes and assessing the tuition surcharge shall provide individual students with a fair and adequate opportunity to present proof of his or her Ohio residency for purposes of this rule. Such an institution may require the submission of affidavits and other documentary evidence which it may deem necessary to a full and complete determination under this rule.

Guidelines for Interpretation and Application of Ohio Board of Regents' Residency Rule 3333-1-10

Section (B)(1)
1. A "twelve-month place or places of residency in Ohio," within the meaning of this section, shall mean the maintenance of living quarters in the state. This may be fulfilled in whole or in part by the rental of a dormitory room. It should not be interpreted so as to require unbroken physical presence in the state, so long as the "place" of residence is maintained. Residency is not lost, therefore, by vacationing out of the state. However, should an individual leave for the entire summer to be employed out of state, the legitimacy of a claim that twelve-month residency in Ohio has been maintained should be seriously questioned.
2. A person who is "qualified as a resident to vote in Ohio and receive state welfare benefits" need only be physically present here for thirty days and have declared himself or herself to be a resident. This should not be interpreted so as to require anyone to actually register to vote or apply for welfare benefits.
3. Persons "who may be subjected to tax liability under section 5747.02 of the Revised Code" are defined in Revised Code 5747.01 (0) as follows: "(i) 'Resident' means:
  1. an individual who is domiciled in this state;
  2. an individual who lives in and maintains a permanent place of abode in this state, and who does not maintain a permanent place of abode elsewhere, unless such individual, in the aggregate, lives more than 335 days of the taxable year outside this state." The essential reason for this requirement is to insure that persons who do enjoy residency benefits also have such income as they have subjected to Ohio taxation.
4. A person who has not "declared himself or herself to be or allowed himself or herself to remain" a resident of another state for "these and other purposes" shall mean one who does not retain an out- of-state driver's license, automobile registration, or voting residence, or who does not receive such things as loans or scholarships from another state when residency in that state is a prerequisite therefore. This total disavowal of residency in another state must be for a full year's time before Ohio residency can be granted under this rule.
Section (B)(2)
The purpose of this section is to insure that persons receiving direct and substantial parental or family support from out of state shall not be allowed Ohio residency. Occasional small gifts that are not a substantial part of a person's maintenance should not disqualify that person from achieving residency. Similarly, the receipt of grants, loans, or scholarships from the federal government, corporations, foundations, or banks that are not simply conduits for family support, or from other states when this is not precluded by section (B)(1), should not disqualify a person.
Section (B)(5)
1. Certain immigration visas carry with them the current legal status, by virtue of federal treaties and agreements, to enable the holder to remain in the United States and establish resident status. A student who holds one of these visas can therefore be considered for resident status for tuition surcharge purposes in the same manner as any other student assuming that the requirements specified in section (B)(1) of this rule are met.
2. The determination of the twelve-month residency requirement for an alien admitted for permanent residence, if necessary, shall include any portion, up to twelve months, of the elapsed time between the date of application for adjustment of status to lawful permanent resident and the date of application for residency for these purposes. All other relevant requirements under section (C) of this rule must also be adhered to in making the residency determination.
3. To change his or her immigration status from temporary to permanent, an alien must file INS form I-845. The college or university residency official can obtain the date an application was accepted by INS through an information release form (G-641) signed by the alien. There is also a nominal service fee that must accompany the release form.
4. In instances where, prior to August 10, 1978, aliens, for reasons of quota, have not been permitted to officially file for permanent residency (INS form I-845), but have had their visa preference petition approved by INS, and have been allowed to remain and to work in the United States, the residency official may use the INS verified petition approval date* to document intent to become a permanent resident. In these cases, the visa preference petition must be filed by the individual seeking Ohio residency, if adult, and not by another party. In the case of minors, the head of the family's application for such minors is acceptable. All other relevant requirements under section (C) of this rule must be adhered to in making the residency determination. "Immigration and Naturalization Service terminology for the petition approval date is "third preference visa priority date."
Section (C)(1)
The intent of the term "dependent student" is to tie the residency of persons who have never emancipated themselves from their parents to those parents. This connotes a continued, unbroken dependency.
Children who emancipate themselves from parents who are Ohio residents and later return to dependency on those parents may be awarded immediate residency status by providing satisfactory documentation of renewed dependence and evidence of compliance with other pertinent provisions of the rule, including physical presence in the state.
"Enrollment" under this section shall commence with the first day of classes at the institution attended.
Section (C)(2)
The term "resident" in this section shall mean a person who meets the requirements of section (B)(1).
Section (C)(3)
The intent of this provision is to speed up the "residency clock" for family members (i.e., spouse, dependent children) whose domicile follows that of a full-time employed person who has moved into Ohio for employment purposes. Rather than being subject to out-of-state tuition rates for the first twelve months of the employed person's presence in Ohio, the dependent children and spouse of the full-time employed person are eligible for resident tuition rates immediatelyóprovided that the move to Ohio was not for the purpose of gaining favorable tuition rates, and that appropriate documentation is provided. In accordance with the provisions of section (F)(5) of the rule, residency officers may request such documentation in addition to the materials specifically described in (C)(3) as they deem necessary to conclusively determine employment status and/or domicile. Also, residency officers may request documentation of application and acceptance dates pertaining to employment and instructional programs as necessary to weigh questions of intent.
Section (E)(1)
1. "Gainfully employed," as used in this section, shall mean engaged in an income-producing occupation. The spouse of the person gainfully employed may also be considered gainfully employed provided he or she is providing full-time services as a homemaker.
2. "Full-time" employment, as used in this section, shall be construed in light of the standards applicable to a given occupation.
3. A "part-time program of instruction" for these purposes is to be defined by an institution as that term is otherwise applied.
Section (E)(2)
1. The "United States military service," as used in this section and in section (E)(3), shall mean persons holding status in the branches of military service, whether performing actual military duty or on assignment elsewhere.
2. "Dependents" under this section and under section (E)(3) shall be limited to members of the immediate family who are in fact dependent on the member of the military for a substantial part of their financial support.
3. Active service of commissioned officers of the Public Health Service shall be deemed to be active military service in the armed forces of the United States for determining residency for tuition purposes.
4. "Domicile," under this section, shall mean the place a person declares to be his or her home for voting and taxation purposes.
Section (E)(4)
"Domicile," under this section, is to be interpreted in the same manner as (E)(2)
Section (E)(5)
1. For purposes of this rule, a migrant is defined as someone who makes or has made his or her livelihood in hiring out to do seasonal work and has traveled interstate for this purpose.
2. The income earned in Ohio shall have been subjected to Ohio taxation.
3. In making a determination under this section, an institution may consider any probative evidence submitted by a person. Any evidence taken may be required to be sworn.
Sections (F)(1), (F)(2), and (F)(3)
1. A person's parents or legal guardian shall be deemed to have removed their residency from Ohio when the person with whom a student resides and upon whom he or she is financially dependent leaves the state with no present intention of returning to resume residency.
2. An "academic degree program" shall not include the associate degree when the person receiving such degree continues full-time pursuit of a baccalaureate degree.
3. For students who qualify for residency status under (C)(1) or (C)(2), a period of twelve months following removal of the independent student or dependent student's parents or legal guardian is permitted during which residency is not lost.
4. Students who qualify for residency status under (C)(3) will lose residency status immediately if the employed person upon whom immediate resident student status was based accepts employment and establishes domicile outside Ohio less than twelve months after accepting employment and establishing domicile in Ohio. If the employed person retains Ohio employment and domicile for twelve months or more, the student would qualify for residency under (C)(1) and would retain residency status as described in a., b., and c. above.
Section (F)(4)
1. A change in residency status under this section is never automatic, and must be initiated by an application for such change by the person seeking it.
2. "Clear and convincing proof" is that standard of evidence that is beyond mere preponderance, but falling short of the "beyond a reasonable doubt" test. It requires that there exist no substantial evidence, direct or circumstantial, conflicting with that proffered by a person applying for a change in residency status.
3. In making a determination under this section, and institution may consider any probative evidence submitted by a person. It may require, however, submission of only those things which the person himself or herself can secure. Any evidence taken may be required to be sworn.
Section (F)(5)
It is incumbent upon a person to apply for a change in residency, and his or her failure to do so as soon as he or she is entitled to a change shall preclude the granting of residency retroactive to that date. A change in residency shall be prospective only from the date such application is received.
Section (F)(6)
No person need be afforded the opportunity for personal appearance before the person or body making a determination under this rule; however, any such opportunity that is afforded any one person must be equally granted to others. A person or body making a determination under this section should allow the student an opportunity to submit all documentary evidence that such student wishes in support of a claim of residency, and shall consider all such evidence that is relevant and probative.