Application Guidelines

The following information is provided to assist you in determining your eligibility as well as to inform you of elements in consideration when a decision about your residency is made.

 Resident Student Tuition - Eligibility

Eligibility for resident tuition depends upon the establishment of the "domicile" of the student in New York State.

 Note: To be eligible for consideration as domiciliary pursuant to the analysis below, one must provide the evidence of continuous residence in New York State for at least one year immediately preceding registration for any period of attendance.

One's domicile is that place where he/she maintains his/her permanent home and to which he/she always intends to return. Consequently, while a student may have any number of residences, he/she may have only one domicile.

A student does not acquire a new domicile by reason of the temporary nature and limited purpose of his/her presence at college. However, a student is not prohibited by student status from abandoning a former domicile and establishing a new one.

Proof of domicile is based upon an intention to make a particular location one's permanent home and the existence of facts and deeds tending to confirm such an intention. The factors to be considered in determining a student's domicile are listed under "Relevant Factors for Domicile Determination" below. In cases of discrepancy, a declared intention will yield to a reasonable conclusion drawn from evidence of current conduct.

An established domicile is presumed to continue until it is shown to have been changed. The burden of proof as to change of domicile is upon the person asserting that change, and the evidence must be clear and convincing.

  Note: Applications for resident student tuition must be submitted by June 1 for fall consideration and November 1 for spring consideration.

Approval for New York State residency for tuition purposes cannot be granted retroactively for prior semesters. The approval is effective for the semester following approval.

 Unemancipated Students Under the Age of 21 years

The domicile of a student under 21 years of age is presumed to be that of his/her parents, unless the student provides acceptable proof of emancipation.  If a student provides acceptable proof of emancipation, then domicile will be determined by applying the factors set forth under "Relevant Factors for Domicile Determination" below.

The attainment of age 21 does not automatically separate one from the domicile of his/her parents. A student age 21 or over must establish domicile based on the same factors that apply to students under 21 years of age.

  Emancipation

Proof of a student's emancipation must, in the case of a student under 21 years of age, include a statement signed by the student's parents attesting to the financial independence of the student (See section VI of NYS Residency Application). Evidence of emancipation must include the establishment of financial independence. Factors relevant to the determination of financial independence include, but are not limited to, the following:

1. Employment of student on a full- or part-time basis
2. Sources and extent of financial support by, or originating from, parents or guardians.
3. Independent filing by the student of Federal or State income tax returns
4. Parental claim of individual as dependent for the exemption of Federal and State income tax return
5. Residence with parents or guardian during summer or other academic term recess
6. Status of student as financially independent for purposes of Federal and/or State financial assistance

1. Residence of parents, spouse, and children
2. Financial independence, income sources, and business pursuits
3. Residence for tax purposes
4. Place of voter registration (*)
5. Marital status
6. Age
7. Situs of motor vehicle and other personal property registration
8. Situs of real and personal property
9. Location of checking and savings accounts
10. Place of employment
11. Telephone directory listing
12. Place of draft registration

Dependants of a parent or legal guardian who is a member of the U.S. Armed Forces stationed out-of-state will qualify for resident tuition provided that the parent or legal guardian submits proof of a New York State domicile, referred to as a "Home of Record." Such records are on file at the person's military base.

Not all of the above factors need to be considered in a domicile determination, nor is the list exhaustive. Rather, a domicile determination depends upon a composite appraisal of all of the facts presented by each case. Conclusions must be based upon the weighting of the circumstances; no single factor is controlling and no all-embracing rules are possible.

For advise on how to apply the policy to distinct facts in cases not covered by the express language of the guidelines set forth above, administrators may contact:

 The Office of University Counsel
Cornell University, 300 CCC Building, Ithaca, NY 14853
Phone: (607) 255-5124, Fax: (607) 255-2794

(*) While New York State voter registration is strong evidence of the existence of a New York State domicile for tuition purposes, it is not conclusive of same, particularly where contradicted by evidence supporting a finding of domicile elsewhere.