University of Missouri
Residence
& Educational Fee Rules
In order to cooperate as fully as possible with the Coordinating Board for Higher Education, the following rules shall apply at the University of Missouri for the determination of the residence of any student or prospective student for all purposes, including, but not limited to, assessment of the Educational Fee; admission to limited-enrollment programs; and eligibility for restricted financial aid.
B. Definitions
1. (CBHE Rule) "Residency" or "Resident
Status" shall mean that status which is achieved when sufficient
proof of a domicile within a state is presented.
2. (CBHE Rule) "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 students.
3. (CBHE Rule) "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.
4. (CBHE Rule) "Domicile" shall mean presence
within a state with an intent of making the state a permanent
home for an indefinite period.
5. (CBHE Rule) "Adult Student" shall mean any
student having attained the age of twenty-one (21) years.
C. Student Classification Categories
1. (CBHE Rule) Adult Students. If an adult
student, not a resident, shall present sufficient proof of the
establishment of a domicile within the State of Missouri, said
student shall be granted resident status at the first enrollment
following the establishment of said domicile.
2. (CBHE Rule) 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.
3. (CBHE Rule) Unemancipated Minor Students.
The domicile of an unemancipated minor is presumed to be that of
the individual or individuals having legal custody of the
student. If those having legal custody of the student establish
a Missouri domicile, that student shall be granted resident
status at the first enrollment following the establishment of
the Missouri domicile. 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 custody of the unemancipated minor
students cease to hold Missouri resident status.
4. (CBHE Rule) 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 a foreign
government or at the convenience of the United States or
Missouri governments 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.
Refugees and Persons Granted Asylum. A student who is classified
as a refugee or as one who has been granted asylum by the United
States Immigration and Naturalization Service and who has been
granted permission to remain in the United States shall be
granted resident status, if there is proof of the establishment
of a domicile in Missouri. Presence in the State of Missouri for
such a person shall begin with the date indicated on the alien
registration card.
5. (CBHE Rule) 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 no connection with the military
forces.
6. University Staff or Children or Spouses of
University Staff. Any full-time academic or administrative,
service, or support staff member of this University, or the
unemancipated minor child, adult dependent (as defined in
E.2.d.), or spouse of such staff member shall qualify for
resident status when enrolling as a student on any campus of the
University.
7. Graduates of Missouri High Schools. A
graduate of a high school located in Missouri, whose parents (or
legally appointed guardian or custodian) are residents of
Missouri at the time of the student's graduation from high
school and whose initial registration at the University occurs
at the beginning of the next academic term, excluding summer
terms, following graduation from high school, is presumed to be
a Missouri resident so long as he or she remains continuously
enrolled in the University of Missouri.
D. Factual Criteria in Determination of Resident Status
1. (CBHE Rule) Attendance at an institution
of higher education shall be regarded as a temporary presence
within the state of Missouri; therefore, a student neither gains
nor loses resident status solely by such attendance.
2. (CBHE Rule) The burden of proof of
establishing eligibility for Missouri resident status shall rest
with the student.
3. (CBHE Rule) In determining resident status
for the state of Missouri, either of the following shall be
sufficient proof of domicile of a person and their dependents
within the state of Missouri:
a. Presence within the state of Missouri
for a minimum of twelve (12) immediate past, consecutive
months coupled with proof of an intent to make the state of
Missouri a permanent home for an indefinite period; or
b. Presence within the state of Missouri for
the purposes of retirement, full-time employment, professional
practice or to conduct a business full-time.
4. (CBHE Rule) 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 be given heavy weight: continuous presence in
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 in paragraph p.3.a. of this rule, in and of
itself, does not establish resident status in the absence of the
required proof of intent.
5. (CBHE Rule) The following factors indicating
an intent to make the state of Missouri a permanent home for an
indefinite period shall be given less weight than those in
subsection D.4. above and include: Voting or registration for
voting; part-time employment; lease of living quarters; a
statement of intention to establish a 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.
6. A student who transfers to a University of
Missouri campus from another campus of the University or from
another Missouri public college or university without an
interruption in enrollment, except for a summer term, and who
possessed resident status at the prior institution shall be
granted resident status at the University of Missouri campus.
E. Educational Fee Assessment Rules
1. Rates Assessed. Residents of Missouri as
defined in the residence rules will be assessed the Educational
Fee at the Missouri resident rates. Students who are not
residents of Missouri as defined by these rules will be assessed
the Educational Fee at the nonresident rates.
2. Waivers for Nonresident Students
a. The difference between the Educational
Fee for nonresident and Missouri resident students is waived
for a graduate or first professional degree student who is a
teaching, research or extension assistant holding a .25 or
more FTE (full-time equivalent) appointment. (Also, applies to
full-time hourly employees. For further information refer to
rule 5.0107 of the Collected Rules and Regulations of the
University.)
b. The difference between the Educational Fee
for nonresident and Missouri resident students is waived for a
graduate or first professional degree student holding a
fellowship which does not include payment of tuition or
required fees.
c. The difference between the Educational Fee
for nonresident and Missouri resident students is waived for a
student who is admitted under a specific agreement between an
institution in the student's state of residence and this
University providing for payment of tuition and required fees
at resident student rates.
d. The difference between the Educational Fee
for nonresident and Missouri resident students is waived for a
student who is an unmarried adult, is for good reason
dependent on his or her parents as if a minor, and is an adult
dependent for Federal income tax purposes, provided the
student would be classified under the residence rules as a
Missouri resident were he or she a minor. Such a student will
be exempt from other nonresident regulation.
F. For those nonresidents who pay Missouri
income tax, the nonresident Educational Fee shall be credited in
an amount equal to the actual Missouri income tax paid for the
previous calendar year except that the remaining obligation shall
not be less than the amount of the resident Educational Fee.
Unemancipated minor or adult dependent students are eligible for
reason of payment of Missouri income tax by the nonresident
individual or individuals having legal custody of said students.
Students entering in January shall be regarded as entering in the
fall for purposes of determining previous calendar year. For
students entering after January, previous year means immediate
past calendar year.
To effect an offset the student shall furnish to the Cashier
satisfactory evidence that the tax was paid, the date of payment
and that the student is entitled to an offset. Ordinarily evidence
of payment and the date thereof will be by exhibiting to the
Cashier a copy of the State Income Tax return, together with
canceled checks (if any) or photostatic copies thereof or if all
taxes were withheld the Mo-WH-2 form, or photostatic copy thereof,
showing amount of tax withheld must be presented. After reviewing
the evidence submitted the Cashier may request other evidence of
payment of tax.
Tax credit thus established may be used only once as an offset
against the nonresident Educational Fee but any tax credit not
used in a given term may be carried forward to be used in a
subsequent term, subject to the time limitation stated above. If
several students from the same family claim allowable tax credit,
the tax credit shall be applied as the taxpayer directs, if the
taxpayer does not direct application, the Cashier shall make such
application. Tax credit may be offset against the nonresident
Educational Fee only, and may not be offset against any other fees
or obligations.
G. Duty to Register Under Proper Residence. It is
the duty and responsibility of each student seeking admission to
the University to apply and register under the proper residence
and to pay the proper amount of fees. It is the further duty of
each student, if there is any possibility that the nonresident
rate of the Educational Fee is applicable, or that the student is
subject to restrictive admission or other nonresident regulations
of the University under these rules to raise the question with the
campus residency officer in the first case, or the Director of
Admissions in the second prior to registration.
H. Any student unwilling to accept a ruling
relative to his or her residency status shall ask the campus
residency officer to transmit the student's residency
questionnaire to the Committee on Fee Assessment and Residence so
that the student's appeal may be reviewed.
1. The Committee on Fee Assessment and
Residence shall hear the appeal and, if requested by the
student, shall provide such student with a hearing before the
Committee.
2. The Committee on Fee Assessment and
Residence shall notify the student, the campus residency officer
and the Registrar of its decision.
3. The student may appeal an adverse ruling to
the Chancellor, whose decision shall be final.