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Residency
Classification for Admission and Tuition
Authority
The governing board
at each university in Michigan has the authority to determine residency
classification guidelines for admission and tuition purposes. Therefore,
residency guidelines may vary from school to school and are independent
of guidelines used by other state authorities to determine residency for
purposes such as income and property tax liability, driving and voting.
The following guidelines
were approved by the University of Michigan's Board of Regents to take
effect Spring Term 1998 and to apply to students at all campuses of the
University of Michigan. The guidelines are administered by the Residency
Classification Office in the Office of the Registrar at the Ann Arbor
campus, 1514 LSA Building, University of Michigan, 500 S. State St., Ann
Arbor, MI 48109-1382. Phone: (734) 764-1400.
The Student's
Responsibilities and the Residency Application Process
It is the student's
responsibility to read the University Residency Classification Guidelines
contained in this document and to apply for admission and register under
the proper residency classification. It is also the student's responsibility
to file an Application for Resident Classification for an official determination
of status. Students are encouraged to consult with staff in the Residency
Classification Office if they have questions or need assistance.
The admissions offices
at the various schools and colleges within the University perform the
initial screening for residency classification. If a student indicates
Michigan resident status on the admissions application and the admissions
office questions that status, the student will be classified as a nonresident
and notified of the need to file an Application for Resident Classification
with the Residency Classification Office. The fact that a student's claim
to residency for University purposes is questioned does not necessarily
mean that he or she will be ineligible; it simply means that the student's
circumstances must be documented and reviewed by the Residency Classification
Office. Failure on the part of admissions staff to question a student's
claim to resident eligibility does not relieve the student of the responsibility
to apply and register under the proper residency classification. Furthermore,
the University reserves the right to audit enrolled or prospective students
at any time with regard to eligibility for resident classification and
to reclassify students who are registered under an improper residency
classification.
Until an Application
for Resident Classification is filed and approved, a student who previously
attended any campus of the University of Michigan as a nonresident will
continue to be classified as a nonresident at all campuses.
Upon application
for admission to any campus of the University, an individual who claims
eligibility for resident classification must file an Application for Resident
Classification for an official determination of status if any of the following
circumstances apply:
• the individual
is living out of state at the time of application to the University
• either parent is living out of state (applies if the individual
is 24 years of age or younger)
• the individual has attended or graduated from an out of state high
school (applies if the individual is 24 years of age or younger)
• the individual has attended or graduated from an out of state high
school and has been involved in educational pursuits for the majority
of time since graduation from high school
• the individual has had out of state employment or domicile within
the last 3 years
The above list is not exhaustive. An individual is responsible for filing
an Application for Resident Classification in any situation where the
individual's eligibility for residency under these Guidelines could be
reasonably questioned.
Filing
Deadlines
Students may apply
for resident classification for any term in which they are enrolled or
intend to enroll. The deadline dates for filing the Application for Resident
Classification are the same for all University of Michigan schools, colleges
and campuses.* The following dates apply to the term for which residency
is sought. If the deadline falls on a weekend, it will be extended to
the next business day.
Fall Term — September
30
Winter Term — January 31
For all Spring, Spring/Summer, and Summer Terms — July 31
(*For the On Job/On
Campus program, filing deadlines are 30 calendar days after the first
scheduled day of classes.)
Documentation
Which Must Be Included When Filing for Resident Classification
When filing an Application
for Resident Classification, the following documentation must be included
with the Application form:
• for all applicants:
a copy of the driver's license of the applicant and of the person or persons
upon whom the applicant is basing the claim to resident eligibility
• for all applicants: copies of the front and signature pages of
the most recent year's federal and state income tax returns and W2s for
the applicant and the person or persons upon whom the applicant is basing
the claim to resident eligibility
• for applicants born outside the U.S.: verification of US citizenship
or visa status
• for applicants who are dependents: (see Residency Classification
Guideline B-1), copies of the front and signature pages of the parents'
most recent year's federal and state income tax returns
for applicants whose claim to eligibility for resident classification
is based on permanent, full-time employment for themselves, a parent,
spouse or domestic partner: a letter from the employer, written on letterhead
(including phone number), stating the position, status and dates of employment.
The letter should be accompanied by a copy of the most recent pay stub
showing Michigan taxes being withheld.
Applicants are also responsible for providing any other documentation
necessary to support their claim to resident eligibility. Additional documentation
may be requested by the Residency Classification Office.
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Appeal
Process
If an Application
for Resident Classification is denied by the Residency Classification
Office, the student may request that his or her file be reviewed by the
University's Residency Appeal Committee. The appeal request must be made
in writing and must be received in the Residency Classification Office
within 30 calendar days of the date on the denial letter. If the deadline
falls on a weekend or University holiday, it will be extended to the next
business day.
All contact with
the Residency Appeal Committee must be in writing. Personal contact with
a member of the Committee prior to the meeting could disqualify the member
from participating in the decision. A student who wishes the Committee
to consider additional information must submit the information to the
Residency Classification Office, in writing, with the appeal request.
The information will then be forwarded to the Residency Appeal Committee
with the student's file.
The student will
receive a written decision from the Committee when the review is complete.
Once the Residency Appeal Committee issues its decision there are no further
appeals for the term covered by the application.
Misrepresentation
and Falsification of Information
Applicants who provide
false or misleading information or who intentionally omit relevant information
in an application for admission, an application for resident classification
or any other document relevant to residency eligibility may be subject
to legal or disciplinary measures. Students improperly classified as residents
based on this type of information will have their residency classification
changed and may be retroactively charged nonresident tuition for the period
of time they were improperly classified.
Residency
Classification Guidelines
For University purposes,
“domicile” is defined as the place where an individual intends his/her
true, fixed and permanent home and principal establishment to be, and
to which the individual intends to return whenever he or she is absent.
These Guidelines are designed to explain how a student may demonstrate
the required intent and establishment of a domicile in Michigan. An individual
whose activities and circumstances, as documented to the University, demonstrate
that he or she intends to be domiciled in Michigan and has, in fact, established
a domicile in Michigan will be eligible for classification as a resident.
An individual whose presence in the state is based on activities or circumstances
that are indeterminate or temporary, such as (but not limited to) educational
pursuits, will be presumed not to be domiciled in Michigan and will be
classified as a nonresident. The burden of proof is on the applicant to
demonstrate with clear and convincing evidence that he or she is eligible
for resident classification under these Guidelines.
These Guidelines
describe situations that create presumptions of resident and nonresident
status. The fact that a presumption of resident status may apply to a
student does not mean that the student will automatically be classified
as a resident or that the student is relieved of the responsibility for
filing an Application for Resident Classification. (See The Student's
Responsibilities and the Residency Application Process on page 18.) To
overcome a presumption of nonresident status, a student must file a residency
application and document with clear and convincing evidence that a Michigan
domicile has been established.
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A.
General Guidelines
1. Circumstances
which may demonstrate permanent domicile
The following circumstances
and activities, though not conclusive or exhaustive, may lend support
to a claim to eligibility for resident classification:
• both parents
(in the case of divorce, one parent) permanently domiciled in Michigan
as demonstrated by permanent employment, establishment of a household
and severance of out of state ties
• applicant employed in the state in a full-time, permanent position
provided that the applicant's employment is the primary purpose for the
applicant's presence in Michigan
• spouse or domestic partner employed in the state in a full-time,
permanent position provided that the spouse's or partner's employment
is the primary purpose for the student's presence in Michigan
2. Circumstances which do not demonstrate permanent domicile
The circumstances
and activities listed below are temporary or indeterminate and, in and
of themselves, do not demonstrate permanent domicile:
• enrollment
in high school, community college or university
• participation in a medical residency program, fellowship or internship
• employment that is temporary or short-term
• military assignment
• employment in a position normally held by a student
• ownership of property
• presence of relatives (other than parents)
• possession of a Michigan driver's license or voter's registration
• payment of Michigan income or property taxes
•the applicant's statement of intent to be domiciled in Michigan
3. One year continuous presence
In cases where it
is determined that an applicant has not demonstrated establishment of
a domicile in Michigan as defined by these Guidelines, the University
will require the applicant to document one year of continuous physical
presence in the state as one of the criteria for determining eligibility
for resident classification in any subsequent Application for Resident
Classification. The year to be documented will be the one year immediately
preceding the first day of classes of the term in question. The year of
continuous presence is never the only criterion used for determining resident
eligibility, and, in itself, will not qualify a student for resident status.
If substantial and new information arises which changes the circumstances
of a student's presence in Michigan and which clearly demonstrates the
establishment of a Michigan domicile, the student may be immediately eligible
for resident classification prior to the passage of one year.
In documenting the
year of continuous physical presence in Michigan, the applicant will be
expected to show actual physical presence by means of enrollment, employment,
in-person financial transactions, health care appointments, etc. Having
a lease or a permanent address in the state does not, in itself, qualify
as physical presence. Short-term absences (summer vacation of 21 days
or less, spring break and break between fall and winter term), in and
of themselves, will not jeopardize compliance with the one year requirement.
In determining the effect of a short term absence, the nature of the absence
will be assessed to determine whether it is contrary to an intent to be
domiciled in Michigan. Absences from the state in excess of the time mentioned
above or failure to document physical presence at the beginning and end
of the year will be considered as noncompliance with the one-year continuous
presence requirement.
B.
Residency Presumptions in Particular Circumstances
The fact that a presumption
of resident status may apply to a student does not mean that the student
will automatically be classified as a resident or that the student is
relieved of the responsibility for filing an Application for Resident
Classification. (See The Student's Responsibilities and the Residency
Application Process above.)
1. Dependent Students
For University residency
classification purposes, a student is presumed to be a dependent of his
or her parents if the student is 24 years of age or younger and (1) has
been primarily involved in educational pursuits, or (2) has not been entirely
financially self-supporting through employment.
a. Residents
i. Dependent Student
— Parents in Michigan
A dependent student
whose parents are, according to University Residency Classification Guidelines,
domiciled in Michigan is presumed to be eligible for resident classification
for University purposes as long as the student has not taken steps to
establish a domicile outside of Michigan or any other action inconsistent
with maintaining a domicile in Michigan.
ii. Dependent Student
of Divorced Parents — One Parent in Michigan
A dependent student
whose parents are divorced is presumed to be eligible for resident classification
for University purposes if one parent is, according to University Residency
Classification Guidelines, domiciled in Michigan. The student must not
have taken steps to establish an independent domicile outside of Michigan
or any other action inconsistent with maintaining a domicile in Michigan.
iii. Dependent Resident
Student Whose Parents Leave Michigan
A student who is
living in Michigan and who is, by University Residency Classification
Guidelines, permanently domiciled in Michigan does not lose resident status
if the parents leave Michigan, provided: (1) that the student has completed
at least the junior year of high school prior to the parents' departure,
(2) that the student remains in Michigan, enrolled as a full-time student
in high school or an institution of higher education, and (3) that the
student has not taken steps to establish a domicile outside Michigan or
any other action inconsistent with maintaining a domicile in Michigan.
b. Nonresidents
Dependent Student
— Parents not in Michigan
A dependent student
whose parents are domiciled outside the state of Michigan is presumed
to be a nonresident for University purposes.
2. Michigan Residents
and Absences From the State
Individuals who have
been domiciled in Michigan according to University Residency Classification
Guidelines immediately preceding certain types of absences from the state
may retain their eligibility for resident classification under the conditions
listed below:
a. One Year Absence
An individual who
has been domiciled in Michigan immediately preceding an absence from the
state of less than one year may return to the University as a resident
for admission and tuition purposes provided: (1) that the individual has
maintained significant ties to the state during his or her absence, and
(2) that the individual severs out of state ties upon returning to Michigan.
While a student described
in this subsection is presumed to have retained his or her eligibility
for resident classification, an individual who has been absent from the
state in excess of one year (and who does not fall within the circumstances
described at (b) - (c) below) may still be able to prove eligibility for
resident classification if the student: (1) has not established a domicile
outside Michigan; (2) demonstrates the continuous maintenance of a Michigan
domicile throughout his or her absence (e.g., payment of Michigan taxes,
maintenance of Michigan driver's license and Michigan voter's registration,
active bank/business accounts, and parents still in the state); and (3)
severs all out of state ties upon returning to Michigan.
b. Absence for Active
Duty Military Service (Army, Navy, Air Force, Marines, Coast Guard), Missionary
Work, Peace Corps or Similar Philanthropic Work
An individual who
is domiciled in Michigan at the time of entry into active military duty,
missionary work, Peace Corps or similar philanthropic work does not lose
eligibility for resident classification as long as he or she is on continuous
active duty and continuously claims Michigan as the state of legal residence
for income tax purposes. Dependent children of such an individual are
also eligible for resident classification, provided: (1) that they are
coming to the University directly from high school or they have been continuously
enrolled in college since graduating from high school, and (2) that they
have not claimed residency for tuition purposes elsewhere.
c. Absence for Education
or Training
An individual who
is domiciled in Michigan immediately preceding an absence from the state
for full-time enrollment in school or for a medical residency program,
internship or fellowship does not lose eligibility for resident classification
provided: (1) that the individual has maintained significant ties to the
state during his or her absence (e.g., parents still in the state, payment
of state taxes, active business accounts), and (2) that the individual
has not claimed residency for tuition purposes elsewhere.
3. Residence Status
of Immigrants and Aliens
Only persons who
are entitled to reside permanently in the United States may be eligible
for resident classification at the University. These individuals, like
US citizens, must still prove that they have established a Michigan domicile
as defined in these Guidelines. Having the privilege of remaining permanently
in the United States, in itself, does not entitle a person to resident
classification for University purposes. The Residency Classification Office
will review the circumstances of the following classes of immigrants:
• Permanent
Resident Aliens (must be fully processed and possess
• Permanent Resident Alien card or stamp in passport verifying final
approval by filing deadline for applicable term)
• Refugees (I-94 card must designate “Refugee”)
• A, E (primary), G and I visa holders*
(*Based upon current law, these nonimmigrant visa classifications are
the only ones that permit the visa holder to establish a domicile in the
United States. The University Registrar shall update this list as changes
occur in applicable law.)
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