Regulations for Determination of Residency for Tuition Purposes
Residency requirements are subject to change by the Board of Regents and/or Nebraska State Legislature.
Pursuant to Article VII, Section 10 of the Constitution of the State of Nebraska, and Neb. Rev. Stat., 85-501 and 85-502 (1980 Supp.), the University has been authorized to develop regulations and make determinations regarding Nebraska residency for tuition purposes. These regulations provide the bases upon which University staff shall determine, on a uniform intercampus basis, whether an individual qualifies as a Nebraska resident for tuition purposes.
It should be emphasized that the statutes provide a set of minimum standards which will govern a determination of resident status for tuition purposes only. In some instances, it will be possible that an individual may qualify as a “resident” of Nebraska for one purpose (such as securing a Nebraska driver’s license) and still not meet the standards established by the Board of Regents for resident tuition status. Individuals seeking a Nebraska residency determination for tuition purposes should, therefore, carefully study all aspects of the law and these regulations before seeking resident tuition status.
Who should apply for residence?
All applicants for admission to the University of Nebraska should be aware that recent arrivals to the state may be classified as residents for most intents and purposes and still be non-residents for tuition purposes under University of Nebraska Board of Regents residency policy (revised 1994). Therefore, when first applying for admission, all students who did not graduate from a Nebraska high school or who have not lived in Nebraska for a period of time long enough to determine resident status may be considered non-residents until evidence is shown of having completed all requirements for resident tuition.
A change in resident status for tuition purposes is not granted automatically. Students who have been classified as non-residents must submit Applications for Residence Classification and all applicable support documentation before resident status can be determined. A student applying for residence for any semester or term beginning with the Fall Semester 1995-1996 will be required to have established a home in Nebraska at least 12 months immediately preceding the term or semester for which residence status is sought. Any individual who has moved to Nebraska primarily to enroll in a post-secondary institution in Nebraska will be considered a non-resident for tuition purposes for the duration of his/her attendance.
The University reserves the right to question and/or request a residency application and supporting documentation from any individual who wishes to be considered for resident tuition status.
How and when do you apply for residence?
Students who have been classified as non-residents but believe they qualify for resident status should review the various categories outlined in the section Residence Tuition Categories. After determining the appropriate category, each applicant should: (1) complete and submit an Application for Residence Classification, (2) provide photocopies of appropriate support documentation, and (3) apply within the published time period. (Note: Merely changing residence information on any other University form will not change your resident status.)
Applications for residence for a specific semester or summer session can be submitted to the Office of Admissions prior to the first day of classes for that period of enrollment. The last day to qualify for residency for a specific term is the last day of the registration “add period.” The last day to apply for residency (including the submitting of all supporting documentation) is the end of the third week of classes of the semester for which the tuition was charged. For summer sessions, the application deadline is the end of the first week of classes.
All students must register and enroll in classes for the term in which residency in sought. Failure to register for the term for which residency is sought will result in the cancellation of the residency application.
Applications determined to be incomplete after the last day to apply will be voided. To apply for a subsequent semester or term, one must submit a new application and provide appropriate updated support documentation.
What regulations determine residence?
Students’ rights to become residents for tuition purposes at the University of Nebraska are determined according to provisions of the Nebraska Revised Statutes (reissued 1987). In accordance with these statutes, the University has been authorized to develop regulations and to make decisions regarding Nebraska residence for tuition purposes. These regulations provide the basis upon which the Director of Admissions or the Director’s designee determines whether students qualify as Nebraska residents for tuition purposes.
Individuals seeking residence for tuition purposes will be required to have their applications signed before a notary public attesting to the accuracy of their statements. If it is subsequently determined that information on an application has been falsified, the applicant may be subject to disciplinary action by the University before the individual will be permitted to continue to enroll at the University. Such disciplinary action will be determined on an individual basis, and may include measures such as disciplinary probation or suspension, expulsion from the University, or reimbursement to the University for the difference between the tuition paid and the non-resident tuition rate.
Individuals who believe they have incorrectly been denied residence for tuition purposes may appeal that decision through the Associate Vice Chancellor of Academic and Student Affairs.
Definition of terms
For the purpose of these regulations, the following definitions shall apply:
Resident Fees : The resident tuition rate as set by the Board of Regents and applicable to the academic program in which an individual intends to enroll.
Non-resident Fees : The non-resident tuition rate as set by the Board of Regents and applicable to the academic program in which an individual intends to enroll.
Legal Age: The age of majority (19 and older) set by Nebraska statute
Emancipated Minor: An individual who by virtue of marriage, financial status or for other reasons has become independent of his or her parent(s) or guardian(s).
Established Home: The place of abode in Nebraska that an individual continuously maintains a primary place of residence and where he/she is habitually present.
Legal Residence: The place of domicile or permanent abode as distinguished from temporary residence.
Dependent (qualifying child): A person who is claimed as a dependent for federal income tax purposes by a parent, guardian or spouse.