Students who pay an out-of-state surcharge or who have a scholarship that pays an out-of-state surcharge may find it to their advantage to apply for Ohio Residency. If you have a scholarship, it helps us make scholarship funds available to more students. The form is available from the Treasurer's Office. The forms must be turned in by August 13 or September 21st.
If you have questions or concerns, please contact Beth Solo.
Ohio Residency Requirements
B. Definitions For purposes of this rule:
1. "Resident" shall mean any person who maintains a twelve-month place or places of residence in Ohio, who is qualified as a resident to vote in Ohio and receive state public assistance, and who may be subjected to tax liability under section 5747.02 of the Revised Code, provided such person has not, within the time prescribed by this rule, declared himself or herself to be or allowed himself or herself to remain a resident of any other state or nation for any of these or other purposes.
2. "Financial support" as used in this rule, shall not include grants, scholarships and awards from persons or entities, which are not related to the recipient.
3. An "institution of higher education" shall have the same meaning as "state institution of higher education" as that term is defined in Section 3345.011 of the Revised Code, and shall also include private medical and dental colleges that receive direct subsidy from the state of Ohio.
4. "Domicile" as used in this rule is a person's permanent place of abode, so long as the person has the legal ability under federal and state law to reside permanently at that abode. For the purpose of this rule, only one domicile may be maintained at a given time.
5. "Dependent" shall mean a student who was claimed by at least one parent or guardian as a dependent on that person’s Internal Revenue Service tax filing for the previous tax year.
6. "Residency Officer" means the person or persons at an institution of higher education that has the responsibility for determining residency of students under this rule.
7. "Community Service Position" shall mean a position volunteering or working for:
a. VISTA, AmeriCorps, City Year, the Peace Corps, or any similar program as determined by the Ohio Board of Regents; or
b. An elected or appointed public official for a period of time not exceeding 24 consecutive months.
C. Residency for subsidy and tuition surcharge purposes The following persons shall be classified as residents of the state of Ohio for subsidy and tuition surcharge purposes:
1. A student whose spouse, or a dependent student , at least one of whose parents or legal guardian, has been a resident of the state of Ohio for all other legal purposes for twelve consecutive months or more immediately preceding the enrollment of such student in an institution of higher education.
2. A person who has been a resident of Ohio for the purpose of this rule for at least twelve consecutive months immediately preceding his or her enrollment in an institution of higher education and who is not receiving, and has not directly or indirectly received in the preceding twelve consecutive months, financial support from persons or entities who are not residents of Ohio for all other legal purposes.
3. A dependent student of a parent or legal guardian, or the spouse of a person who, as of the first day of a term of enrollment, has accepted full-time, self-sustaining employment and established domicile in the state of Ohio for reasons other than gaining the benefit of favorable tuition rates. Documentation of full-time employment and domicile shall include both of the following documents:
a. A sworn statement from the employer or the employer's representative on the letterhead of the employer or the employer's representative certifying that the parent, legal guardian or spouse of the student is employed full-time in Ohio.
b. A copy of the lease under which the parent, legal guardian or spouse is the lessee and occupant of rented residential property in the state; a copy of the closing statement on residential real property located in Ohio of which the parent, legal guardian or spouse is the owner and occupant; or if the parent, legal guardian or spouse is not the lessee or owner of the residence in which he or she has established domicile, a letter from the owner of the residence certifying that the parent, legal guardian or spouse resides at that residence.
D. Additional criteria which may be considered by residency officers in determining residency may include but are not limited to the following:
1. Criteria evidencing residency:
a. If a person is subject to tax liability under section 5747.02 of the Revised Code;
b. If a person qualifies to vote in Ohio;
c. If a person is eligible to receive Ohio public assistance;
d. If a person has an Ohio's driver's license and/or motor vehicle registration.
2. Criteria evidencing lack of residency
a. If a person is a resident of or intends to be a resident of another state or nation for the purpose of tax liability, voting, receipt of public assistance, or student loan benefits (if the student qualified for that loan program by being a resident of that state or nation);
b. If a person is a resident or intends to be a resident of another state or nation for any purpose other than tax liability, voting, or receipt of public assistance (see paragraph (D)(2)(a) of this rule).
3. For the purpose of determining residency for tuition surcharge purposes at Ohio's state-assisted colleges and universities, an individual's immigration status will not preclude an individual from obtaining resident status if that individual has the current legal status to remain permanently in the United States.
E. Exceptions to the general rule of residency for subsidy and tuition surcharge purposes:
1. A person who is living and is gainfully employed on a full-time or part-time and self-sustaining basis in Ohio and who is pursuing a part-time program of instruction at an institution of higher education shall be considered a resident of Ohio for these purposes.
2. A person who enters and currently remains upon active duty status in the United States military service while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile.
3. A person on active duty status in the United States military service who is stationed and resides in Ohio and his or her dependents shall be considered residents of Ohio for these purposes.
4. A person who is transferred by his employer beyond the territorial limits of the fifty states of the United States and the District of Columbia while a resident of Ohio for all other legal purposes and his or her dependents shall be considered residents of Ohio for these purposes as long as Ohio remains the state of such person's domicile as long as such person has fulfilled his or her tax liability to the state of Ohio for at least the tax year preceding enrollment.
5. A person who has been employed as a migrant worker in the state of Ohio and his or her dependents shall be considered a resident for these purposes provided such person has worked in Ohio at least four months during each of the three years preceding the proposed enrollment.
6. A person who was considered a resident under this rule at the time the person started a community service position as defined under this rule, and his or her spouse and dependents, shall be considered a residents of Ohio while in service and upon completion of service in the community service position.
7. A person who returns to the state of Ohio due to marital hardship, takes or has taken legal steps to end a marriage, and reestablishes financial dependence upon a parent or legal guardian (receives greater than 50% of his or her support from the parent or legal guardian), and his or her dependents shall be considered residents of Ohio.
8. A person who is a member of the Ohio National Guard and who is domiciled in Ohio, and his or her spouse and dependents, shall be considered residents of Ohio while the person is in Ohio National Guard service.
