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State Residency Requirements
Part 1. Definition of Domicile.
A person's true, fixed and permanent living place. Domicile is the place to which a person intends to return after temporary absences. A person may have only one domicile at a time.
Part 2. Determination of In-State Tuition.
Subpart A. Statute.
Students shall be eligible to pay in-state tuition if they meet the criteria of M.S. 135A.031, subd. 2.
Subpart B. Demonstrating domicile.
Students may establish eligibility for in-state tuition by demonstrating domicile in Minnesota before the beginning of any semester or quarter. Students have the burden of proving domicile for purposes of instate tuition.
- Students who seek to qualify for in-state tuition must first meet the following threshold requirements:
- Students must have resided in Minnesota for at least one calendar year immediately prior to applying for in-state tuition.
- Residence in Minnesota must not be merely for the purpose of attending a college or university.
- Each of the following additional facts and circumstances will be considered when responding to a petition for in-state tuition. No one of these factors is either necessary or sufficient to support a claim for in-state tuition.
- Continuous presence in Minnesota during period when not enrolled as a student.
- Sources for financial support are generated within Minnesota.
- Domicile in Minnesota of family, guardian, or other relatives or persons legally responsible for student.
- Ownership of a home in Minnesota.
- Permanent residence in Minnesota.
- The following circumstances, standing alone, shall not constitute sufficient evidence of domicile to affect eligibility for in-state tuition under these regulations but may be considered as part of the demonstration of the facts and circumstances listed above:
- Voting or registration for voting.
- The lease of living quarters.
- A statement of intention to acquire a domicile in Minnesota.
- Domicile of student's spouse in Minnesota.
- Automobile registration.
- Other public records, e.g., birth and marriage records.
Subpart C. Exceptions.
Individuals in the following categories shall qualify for in-state tuition rates:
- Graduate students appointed to graduate assistant positions.
- Students who qualify under a Board-approved agreement between a governmental subdivision and a college or university.
- Colleges and universities may adopt a policy to exempt high ability students who are in the top 15 percent of their high school class or who score above the 85th percentile on a nationally normed, standardized achievement test and who reside in states that do not have reciprocity agreements with Minnesota.
- Students who qualify under a college or university affirmative action program consistent with law and approved by the Chancellor or designee.
- Non-immigrant Japanese students who have completed a program of study of at least one academic year at Akita campus and have been recommended by the provost for transfer to a Minnesota state college or university and who retain their legal visa status.
- Students who are recognized as refugees by the Office of Refugee Resettlement of the U. S. Department of Health and Human Services.
- Colleges and universities may adopt a policy to exempt non-immigrant international students classified under 8. U.S.C. 1101 (a) (15) (B), (C), (D), (F), (H), (J), and (M).