Because resident classification is an important part of fee determination, admission regulations and other policies of the University of Louisiana system institutions, it is important that system institutions have fair and equitable regulations which can be administered consistently and still respect the interests of both the students and the taxpayers of Louisiana. It is the responsibility of the student to provide system institutions with such evidence as deemed necessary to establish his or her residence status.
B. Definition of Residency
Pursuant to House Concurrent Resolution No. 226 of 1986 the following definition of residency shall apply for fee assessment purposes effective the fall semester, 1987:
A resident student for tuition purposes is defined as one who has abandoned all prior domiciles and has been domiciled in the State of Louisiana continuously for at least one full year (365 days) immediately preceding the first day of classes of the term for which resident classification is sought. "Domicile," as the term is used in the context of residence regulations, is defined as an individual's true, fixed, and permanent home and place of habitation at which the individual remains when not called elsewhere for labor, studies, or other special or temporary purposes, and the place to which the individual returns after an absence. A nonresident student for tuition purposes is a student not eligible for classification as a resident.
The individual's physical presence within this state for one year must be associated with the substantial evidence that such presence was with the intent to maintain a Louisiana domicile. Physical presence within the state solely for education purposes without substantial evidence of the intent to remain in Louisiana will not be sufficient for resident classification regardless of the length of time within the state.
However, discreet categories of individuals may be defined as special residents if such action is deemed to be in the best interest of Louisiana or as mandated from time to time by federal or state government.
C. Determination of Status
The residence status shall be determined in accordance with Board rules and shall be based upon evidence provided in the application for admission and related documents. Residence status shall be determined by the office of the registrar and or admissions officer after the completed application for admission has been submitted. The rules shall be based primarily on the location of the home and the place of employment. Residence status may not be acquired by an applicant or student while residing in Louisiana for the primary purpose of attending school. Residence tuition, for fee purposes only, will be granted to non-resident graduate students registered for three semester hours or less and undergraduate students registered for six semester hours or less in any session, or all non-resident students enrolled in up to six semester hours of graduate or undergraduate courses offered through web-based instruction, when domiciled outside of the state of Louisiana and not enrolled in any other courses at the university. The following conditions may be used in determining residence status:
- An applicant living with his or her parents is classified as a resident if the parents have established a bona fide residence in Louisiana. Ordinarily a parent is considered to have established a residence in Louisiana if s/he actually resides and is employed full time in the State. A parent who is unable to be employed or who is a housewife may be considered to have established a residence in Louisiana if there is convincing evidence that the person continuously resides in Louisiana. If only one parent qualifies as a resident of Louisiana, the student shall be classified as a resident provided that student resides with the parent who is a resident of Louisiana. An individual who resides in Louisiana and is employed full time in another state, may be classified as a resident. In such case, appropriate documentary evidence shall be presented.
- A student residing with his or her parents who enrolls as a nonresident shall be classified as a resident if his or her parents move to Louisiana and acquire residence as defined in these regulations.
- A student may be declared a resident if either parent is a graduate of the institution which s/he attends. A student that graduates with an associate or higher degree may be classified as a resident for subsequent enrollment at that same institution (this applies only to U.S. citizens). (This revision approved 3/26/99)
- A person may be classified as a resident of Louisiana at the end of twelve consecutive months of residence if s/he has been employed in Louisiana and if during that period s/he has not been registered in an educational institution for more than six semester hours or its equivalent in any semester. A person who is unable to be employed and who has not been registered in any educational institution for more than six semester hours or its equivalent in any semester may acquire residence in Louisiana if there is convincing evidence that s/he continuously resided in Louisiana for twelve consecutive months immediately preceding registration. In order to be eligible for in-state tuition in a given semester, the person must have lived in Louisiana for 12 consecutive months prior to the first day of the semester.
- A student who is married to a Louisiana resident may acquire the residence status of his or her spouse.
- A person who resides in Louisiana for at least two years, exclusive of military service, and then moves to another state or foreign country shall retain the right to enroll himself/herself or any dependents as a resident for a period equal to the number of years of residence in Louisiana, but the right shall expire upon the person's residing for a period of two years in another state or foreign country.
- A member of the armed forces currently stationed in Louisiana and his or her dependents shall be classified as Louisiana residents. A member of the armed services who was stationed in Louisiana immediately prior to their release from active duty may enroll himself/herself or any dependents as residents during a period not to exceed six months after the date of release provided that the term of active duty shall have been no less than 12 consecutive months.
- A member of the armed forces who was a resident of Louisiana immediately prior to entering the armed forces shall retain the right for himself/herself or any dependents to be classified as residents during the term of active duty and for a two-year period after leaving the armed forces.
- A resident of Louisiana shall not lose the right to be classified as a resident during periods of employment in a foreign country.
- An alien who has been lawfully admitted to the United States for permanent residence as an immigrant (proof of such status shall be possession of his or her Form I-551 Alien Registration Receipt Card or passport officially stamped "approved as resident alien") and who has established residence under any of the foregoing provisions shall be declared a resident of the State.
D. Appeal Committee
The president of each institution shall be authorized to appoint a Residence Rules Appeal Committee. Any student classified as a nonresident may appeal his or her classification to this committee. Interpretations on residence qualifications may be submitted to Board Staff for clarification.
E. Incorrect Classification
All students classified incorrectly as residents are subject to reclassification and payment of all nonresident fees not paid. If incorrect classification results from false or concealed facts by the student, the student is also subject to University discipline.