That is covered in Section E of the Residency Policy 940.1. I’ve only copied a portion of the policy:
A. All applicants for admission and students at the campuses of the Montana University System (MUS) shall be classified as in-state or out-of-state for fee purposes, admission to the campuses, and admission to programs of limited enrollment. A student who is not classified as in-state is considered to be out-of-state. The following criteria and procedure shall be applied at all campuses.
B. Except as provided in subsection H, a person may be classified as in-state following a 12-month continuous period of domicile in Montana with a documented and dated intent to become a resident of Montana as provided in subsections C through F.
| C. | 1. 2. | The 12-month period referred to in subsection B does not begin to run until an act indicative of intent to become a Montana resident is taken. The following will serve as such indicators: (a) An automobile belonging to the person seeking in-state status is registered in Montana, (b) A Montana driver's license is acquired, (c) A Montana voter registration is acquired, (d) A principal residence is purchased, (e) A resident Montana individual income tax return is filed. Only in the event that none of the above indicators are appropriate, the person seeking in-state |
| status may file an affidavit of intent to establish residency. A form may be obtained from and must be filed with the unit. Other actions may be considered as indicators provided that the action is clearly indicative of an intent to establish residency and is not an action that students routinely take. | ||
| D. | 1. 2. | During the 12-month period and thereafter for as long as in-state status is desired, the person seeking or granted such status must act in a manner consistent with Montana residency, including all legal obligations and responsibilities based upon such residency. Enjoyment of a status, receipt of benefits, or exercise of a right or privilege inconsistent with or in contradiction of Montana residency may be a basis for classification as out-of-state. The 12-month period does not run for any period during which the person enjoys a status, receives |
| a benefit, or exercises a right or privilege based upon residency outside of Montana, or which negates the intent to become a Montana resident. | ||
E.1.(a) It is presumed that the domicile of a minor or unemancipated person is that of the person's
parents or legal guardian.
(b) If the parents are divorced, separated or deceased, the minor or unemancipated person will be presumed a resident if either:
(i) The parent or legal guardian with whom the student normally resides is a resident of Montana, or
(ii) The parent or legal guardian who takes the student as an exemption for federal income tax purposes or supplies a majority of the support for the student is a resident of Montana.
2. It is presumed that a person absent from Montana in excess of 30 days during the 12-month period upon which in-state status is claimed lacks the necessary intent to acquire Montana residency as required by subsection B.
3 (a) It is presumed, in the case of an individual who would have formerly been eligible for in-state status based on meeting the residency requirements but who has been absent from Montana for a period of 12 months or more, that such individual has abandoned in-state status. This presumption does not apply to individuals who can demonstrate satisfaction of the 12-month residency requirement subsequent to the absence. This presumption does not apply to absences from the state for purposes of post-secondary education or service in the armed forces of the United States provided the individual has not taken any actions in contradiction of the claim of Montana residency.
(b) Notwithstanding the terms of this section, former Montana residents may be re-classified as in- state without serving a 12-month period of physical domicile in Montana if the student is unable to be present in Montana for the required 12-months due to his or her service in an active duty military assignment. The student must demonstrate re-establishment of Montana residency in all other ways required of the policy for a period 12 months prior to the application for residency. For purposes of this policy, membership in ROTC, in the reserves or in the National Guard, does not, in itself, qualify as active duty. Active duty military status cannot be achieved by attending school.
4. (a) It is presumed that any person, not eligible for in-state status under this policy, who is registered for in excess of one-half of a normal full-time credit load is present in the state primarily for educational purposes, and such periods may not generally be applied to the 12-month period referred to in subsection B.
(b) For purposes of this subsection "in excess of one-half of a normal full time credit load" means:
(i) Any period of time for which an undergraduate student is registered for 7 or more semester credits, or
(ii) Any period of time for which a graduate student is registered for in excess of half of the minimum full time credit load for graduate students as defined for financial aid purposes by the institution at which the student is enrolled.
5. In order to overcome any of the above presumptions, the person desiring in-state status must do so by clear and convincing evidence.
Lisa Blunt
Registrar
Miles Community College
2715 Dickinson St.
Miles City, MT 59301
(406) 874-6214 phone
(406) 874-6283 fax
From: MACRAO Listserv [mailto:MACRAO@LISTSERV.GFCMSU.EDU] On Behalf Of Charity Walters
Sent: Tuesday, April 17, 2018 11:30 AM
To: MACRAO@LISTSERV.GFCMSU.EDU
Subject: [MACRAO] FW: Residency question
Hi all;
We have some informal protocol surrounding this scenario, but I would be curious to hear what others are doing with this scenario.
If you have a student who was initially living in the state and taking online classes, and then moves out of state but continues taking online classes with you at what point do you change them to non-resident status?
Thanks for your thoughts
Charity
Charity Walters| Registrar and Director of Institutional Research | The University of Montana Western | 710 South Atlantic Street | Dillon, Montana 59725 |
Phone 406.683.7471
“Start by doing what is necessary; then do what’s possible; and suddenly you are doing the impossible.” St. Francis of Assisi
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