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The University must comply with SUNY’s administrative policy, “Establishment of Residency for Tuition Purposes,” when determining residency status. Key to any residency case is the determination of domicile, which is defined as a fixed, permanent home to which a person intends to return following an absence. In order to qualify for residency for tuition purposes, it is generally required that a New York State domicile must have been established at least one year prior to the period of registration at the University and maintained beyond that point. The burden of proof is upon the applicant through the submission of documentary evidence sufficient to demonstrate domiciliary status.
Emancipation, including full financial independence, is a cornerstone consideration in residency determinations. Pursuant to SUNY policy, the domicile of students who are not financially independent (emancipated) is that of the custodial parent(s) or legal guardian(s). SUNY policy further specifies some of the factors to be used in determining emancipation. A student claiming emancipation must present evidence of both emancipation and a New York State domicile in order to be designated a New York State resident for tuition purposes. Proof of emancipation must include documentation demonstrating the student’s financial independence.
A domicile is a person’s fixed, permanent, and principal home for legal purposes. According to SUNY tuition policy, this means more than simply residing in New York State to attend school. A domicile is the home to which a person intends to return following a period of absence. Establishing domicile includes the abandonment of one’s prior state of residence and the decision to adopt NYS as one’s permanent home. It also includes the intent to remain in NYS permanently.
Emancipated students no longer receive any financial support from their parent(s) or legal guardian(s) and are completely responsible for paying all of their educational costs. Students claiming to be emancipated, or financially independent, must provide evidence of both financial independence and domicile.
Permanent Resident aliens, Refugees and Asylees, including those with pending applications, and some undocumented aliens may establish in-state residence in accordance with SUNY policies. Non-Immigrant Aliens with the following types of visa classifications may also establish in-state residence in accordance with these policies: A1-A3, E1, E2, G1-G5, H1B, H1C, H4, I, K1-K4, L1 and L2, N8 and N9, O1, O3, S5-S7, T1-T4, U1-U4, and V1-V3.