Southeast Missouri State University's Policy for Residency Classification of Students for Fee-Paying Purposes
Southeast Missouri State University has established the following policies and procedures for institutional decisions relating to the residency of students enrolled in this institution. The purpose is to institute rules, policies and procedures within the guidelines of the Coordinating Board of Higher Education for determination of student residency and the determination of student fee charges.
Criteria and Requirements
- Coordinating board or board shall mean the Coordinating Board for Higher Education created by section 173.005, RSMo.
- Domicile shall mean presence within a state with an intent of making said state a permanent home for an indefinite period.
- Adult student shall mean any student having attained the age of twenty-one (21) years.
- Emancipated minor student shall mean any student not having attained the age of twenty-one (21) years and who is not under the care, custody, and support of an individual or individuals having legal custody.
- Unemancipated minor student shall mean any student not having attained the age of twenty-one (21) years, and under the care, custody, or support of the individual or individuals having legal custody of said student.
- Residency or resident status shall mean that status which is achieved when sufficient proof of a domicile within a state is presented.
If an adult student, not a resident, shall present sufficient proof of the establishment of a domicile within the state of Missouri, this student shall be granted resident status the semester of application provided the application and all documentation was submitted prior to the deadline of that semester (see application). If the application and/or documentation was received after the deadline, this student shall be granted resident status for the following semester.
Emancipated Minor Students
The domicile of emancipated minor students shall be determined as if they were adults. A minor may become emancipated through marriage, formal court action, abandonment, or positive action of alienation on the part of the minor. In all instances, alienation from care, custody, and support shall be complete and the burden of satisfactory proof of emancipation shall be that of the minor student. Mere absence of the student from the domicile of the individual or individuals having legal custody of that minor student shall not constitute proof of emancipation. In no instance shall a minor student be eligible for emancipation when that student is taken as an income tax deduction by a second party other than a spouse.
Unemancipated Minor Students
The domicile of an unemancipated minor is presumed to be that of the individual or individuals having legal custody of said student. If individuals have joint legal custody of the unemancipated minor, domicile is presumed to be that of the individual having, or having had most recently, physical custody of said student. If those having legal (and/or physical) custody of said student establish a Missouri domicile, that student shall be granted resident status the semester of application provided the application and all documentation was submitted prior to the semester deadline. If the application and/or documentation was received after the deadline for that semester, this student shall be granted resident status for the following semester. Once unemancipated minor students have established resident status under this rule, they may continue to qualify for resident status so long as they remain continuously enrolled, excluding summer terms, in a Missouri institution of higher education, even if the individual or individuals having legal (and/or physical) custody of the unemancipated minor student cease to hold Missouri resident status.
Members of the Military Forces
Students shall neither gain nor lose resident status solely as a consequence of military service. For the purposes of student resident status, military personnel, when stationed within the state of Missouri pursuant to military orders, their spouses and unemancipated minor children shall be regarded as holding Missouri resident status. However, a member of the military forces who is specifically assigned, under orders, to attend a Missouri institution of higher education as a full-time student, shall be classified, along with their spouses and unemancipated minor children, as if they had not connection to the military forces.
Noncitizens of the United States
Students who are not citizens of the United States must possess resident alien status, as determined by federal authority, prior to consideration for resident status. Aliens present within Missouri as representatives of foreign government or at the convenience of the United States or Missouri government and holding G visas shall be entitled to resident status, except for those who are government funded students. Aliens and their dependents holding A or L visas may be granted resident status if determined to be individually designated as representatives of their governments and whose education is not government funded.
Factual Criteria in Determination of Resident Status
- Attendance at an institution of higher education shall be regarded as temporary presence within the state of Missouri; therefore, a student neither gains nor loses resident status solely by such attendance.
- The burden of proof of establishing eligibility for Missouri resident status shall rest with the student.
- In determining resident status for the state of Missouri, either of the following shall be sufficient proof of domicile of a person and his/her dependents with the state of Missouri:
- Presence within the state of Missouri for a minimum of twelve (12) immediate past, consecutive months coupled with proof of intent to make the state of Missouri a permanent home for an indefinite time; or
- Presence within the state of Missouri for the primary purpose of retirement, full-time employment, full-time professional practice, or to conduct a business full time.
- In determining whether a student holds an intent to make the state of Missouri a permanent home for an indefinite period, the following factors, although not conclusive, shall give heavy weight: continuous presence within the state of Missouri during those periods not enrolled as a student; presence within the state of Missouri upon marriage to a Missouri resident and the maintenance of a common domicile with the resident spouse; substantial reliance on sources within the state of Missouri for financial support; former domicile within the state and maintenance of significant connections while absent; and ownership of a home within the state of Missouri. The twelve-(12) month period of presence within the state, as stipulated above, in and of itself, does not establish resident status in the absence of the required proof of intent.
- The following factors shall be given less weight than those in the above subsection and include; voting or registration for voting; part-time employment; lease of living quarters; a statement of intention to establish domicile in Missouri; automobile registration or operator's license obtained in Missouri; and payment of income, personal, and property taxes in Missouri. The factors listed in this subsection have applicability only as they support the intent to make the state of Missouri a permanent home for an indefinite period.
- Resident status is one criterion of eligibility for student grant awards administered by the coordinating board. There are additional criteria of eligibility and the establishment of resident status by a student does not guarantee that the student will be awarded a student grant.
- The waiver or forgiveness of a nonresident student fee, in full or in part, shall have no bearing on the residency status of a student and shall not be a basis for classification of a nonresident as a resident.
- For those non residents who pay Missouri Income Tax, the nonresident student shall receive a credit against the nonresident student fee in an amount equal to the actual Missouri income tax paid for the previous calendar year except that the remaining fee obligation shall not be less than the amount of the resident student fee. Unemancipated minor students are eligible by reason of payment of Missouri Income Tax by the nonresident individual or individuals having legal custody of said student. Students entering between January and August 1st shall be regarded as entering in the immediately preceding fall for purposes of determining previous calendar year. The student should contact Student Financial Services for a Missouri Income Tax Credit Application (PDF file).
- In no case will resident ruling be made earlier than the first enrollment following the establishment of said domicile.
- In no case will a resident ruling be made retroactively. The Fall semester deadline is August 22; Spring semester deadline is January 25 and Summer deadline is May 16. Applications and all necessary documentation must be submitted on or prior to these dates. Applications submitted after the deadline of a particular semester will be reviewed for the following semester.
- To apply for Missouri residency the student should first:
- Obtain a Missouri Residency for Fee-Paying Purposes application (can also be picked up at Student Financial Services).
- Complete and sign the application form, have it notarized, and attach pertinent documentation to the application form.
- Submit the completed application form signed and notarized and documentation to Student Financial Services (Room 123 Academic Hall) for a ruling on residency status.
- Student Financial Services will review the application to determine if there is a basis upon which it can be determined the applicant is eligible for Missouri residency for fee paying purposes. If the student is not eligible for Missouri residency for fee paying purposes, then out of state fees will apply. A minimum of two weeks should be allowed by the student for review of the application by Student Financial Services.
If you have questions regarding your residency application status, or questions regarding the residency appeal process, please contact Student Financial Services, Southeast Missouri State University, at (573) 651-2253.