Becoming A Montana Resident As A University Student

Whether a university student can become a Montana resident depends on several factors. The Montana University System classifies applicants and students as either in-state or out-of-state, which affects admissions decisions and fee determinations. To be considered a Montana resident, an individual must be domiciled in the state or maintain a permanent place of abode there. This requires a physical presence in Montana and evidence of intent to stay, such as registering a vehicle, obtaining a Montana driver's license, or registering to vote. Additionally, students must meet a 12-month durational residency test and demonstrate a bona fide intent to become a resident. The process for establishing residency may vary, and exceptional circumstances, such as seeking refuge from domestic violence, can be considered.

How is a student's residency status determined?

A student's residency status is determined during the admissions process, based on the information provided on their admission application. The basic rules for making the classification are found in the Board of Regents' residency policy. The Montana University System classifies all applicants for admission and students as either in-state or out-of-state. This classification affects fee determinations for admission to campuses and admission to programs of limited enrollment.

If a student is classified as a non-resident and believes they qualify as a resident, they must seek reclassification with the campus. The campus will then determine the student's in-state or out-of-state status based on a questionnaire and supporting documentation. The burden of proof rests with the student to provide clear and convincing evidence of satisfying the residency requirements.

In general, a student must be domiciled in Montana to be eligible for in-state status. Domicile requires both physical presence in Montana and evidence of intent to stay. Evidence of intent to stay includes registering a vehicle in Montana, obtaining a Montana driver's license or identification card, and registering to vote in Montana.

However, it's important to note that each individual's circumstances and intentions are considered when determining residency. There are various factors that indicate whether a person is domiciled or maintains a permanent place of abode in Montana. These include, but are not limited to, registering to vote in Montana, having a Montana driver's license, having a Montana resident hunting or fishing license, claiming Montana residency when applying for admission or financial aid at a Montana college or university, and receiving services from a program administered by the Montana Department of Health and Human Services.

Additionally, residency requirements vary from state to state. For example, dependent students must typically have at least one parent who is a state resident for a certain period before the student's college matriculation. Independent students, on the other hand, may need to have been residents for at least a year before the first day of classes.

It is recommended to review the specific residency requirements of the state and the college or university in question to understand how a student's residency status is determined.

What are the requirements to establish Montana residency?

To establish Montana residency, a person must be domiciled in Montana, which requires both a physical presence in the state and evidence of an intent to stay. Evidence of intent to stay includes registering a vehicle in Montana, obtaining a Montana driver's license or identification card, and registering to vote in Montana.

To be eligible for in-state status, a person must meet a 12-month durational residency test. They must demonstrate a bona fide intent to become a Montana resident. The 12-month continuous period of domicile in Montana does not start until an act indicative of an intent to establish residency is taken. Mere presence in Montana or enrollment at a unit will not serve to start this period.

To establish Montana domicile, a person must establish legal ties to Montana. These acts must be completed at least 12 consecutive months before the term for which the person seeks in-state status. The requirements are:

• Registering a motor vehicle in Montana
• Obtaining a Montana driver's license. If an individual does not drive or possess an out-of-state driver’s license, they must obtain a Montana Identification Card
• Registering to vote in Montana, if previously registered to vote in a former state of residence

In addition to establishing legal ties to Montana, a person seeking in-state status must sever all ties to past places of residence at least 12 months before the term for which the person seeks in-state status. Conduct that is disqualifying for purposes of in-state status includes but is not limited to:

• Attending an out-of-state school as a resident of the state in which the school is located
• Paying taxes in another state as a resident of that state
• Maintaining an out-of-state driver’s license or identification card
• Maintaining voter registration in another state
• Holding a visa or other classification that does not allow permanent residence in the United States

There are certain circumstances in which a person can file an affidavit of intent to establish residency. Exceptional circumstances include, for example, seeking refuge from domestic violence or remaining in Montana as a minor when a parent moves from Montana to establish residency elsewhere.

Montana has three residency statuses: resident, part-year resident, and nonresident. A part-year resident is someone who was a Montana resident at the start of the year and then established residency in another state during the year, or was a nonresident at the start of the year and then established residency in Montana during the year.

What are the pathways to residency?

The Montana University System classifies all applicants for admission and students as either in-state or out-of-state. This classification is based on the unique circumstances of each individual case and affects admissions decisions and fee determinations. The basic rules for making the classification are found in the Board of Regents' Policy 940.1.

The pathways to residency include:

• Independent student
• Professional Student Exchange Program (PSEP) applicant
• Professional Program Student
• Graduate of Montana High School
• Montana University System Employee
• Full-time employee in Montana
• Incarcerated Student

The asterisk (*) denotes a pathway based on domicile. If you are granted in-state status under a pathway based on an exception to the domicile test, in-state status will likely be lost if you no longer meet the requirements for the exception. Therefore, if you can also meet the requirements for in-state status under a pathway based on domicile, it is to your advantage to be classified based on domicile rather than on an exception.

If none of the pathways apply to you but exceptional circumstances exist, you may file an affidavit of intent to establish residency. Exceptional circumstances include, for example, seeking refuge from domestic violence or remaining in Montana as a minor when a parent moves from Montana to establish residency elsewhere. However, filing an affidavit of intent does not guarantee resident classification.

What are the filing deadlines for reclassification?

The Montana University System classifies all applicants for admission and students as either in-state or out-of-state. This classification is based on the unique set of facts found in an individual’s case and affects fee determinations for admission to the campuses and admission to programs of limited enrollment.

If you are classified as non-resident and believe that you qualify as a resident for tuition purposes, you must seek reclassification with the campus. The campus will determine your in-state or out-of-state status based on a questionnaire and supporting documentation.

You must meet the requirements for residency on or before the fifteenth instructional day for the school term for which reclassification is sought. It is your responsibility to meet any filing deadlines that are imposed by your campus.

The burden of proof rests with the student to provide clear and convincing evidence of satisfying Montana residency requirements. Submitting a questionnaire does not guarantee classification as a resident for tuition purposes. No determinations regarding a request for reclassification are made verbally, and the outcome of your request for reclassification will be communicated to the student (and not the parent).

A student may appeal an initial classification decision or a reclassification decision. It is your responsibility to follow any on-campus appeal process. A student has 14 days to appeal the final campus decision to the Commissioner of Higher Education pursuant to Board of Regents policies 203.5.3 and 940.1. A student may appeal the Commissioner’s decision to the Board of Regents within 30 days of receiving the decision.

What are the appeal procedures?

Appeal Procedures

If you are classified as a non-resident and believe that you qualify as a resident, you must seek reclassification with the campus. The campus will determine your in-state or out-of-state status based on a questionnaire and supporting documentation. You should carefully answer the questionnaire. Any incorrect or false responses may result in retroactive reclassification and/or criminal penalties under Montana law. Make sure you include verification documentation (e.g., supply photocopies of your driver's license, voter registration, car registration, etc.).

You must meet the requirements for residency on or before the fifteenth instructional day for the school term for which reclassification is sought. It is your responsibility to meet any filing deadlines that are imposed by your campus. The burden of proof rests with the student to provide clear and convincing evidence of satisfying Montana residency requirements.

A student may appeal an initial classification decision or a reclassification decision. It is your responsibility to follow any on-campus appeal process. A student has 14 days to appeal the final campus decision to the Commissioner of Higher Education pursuant to Board of Regents policies. A student may appeal the Commissioner’s decision to the Board of Regents within 30 days of receiving the decision.

Appeals from city or justice court decisions may be made to the district court. District court cases may be appealed to the Montana Supreme Court, which is the highest court in Montana and the final court of appeals. The Montana Supreme Court primarily reviews timely appeals from final orders or judgments issued by Montana District Courts, or petitions for writs, which are considered original proceedings.

The time for filing a notice of appeal must be within 30 days of entry of judgment in civil causes and within 60 days in criminal causes. A copy of the Notice of Appeal or Cross-Appeal shall be contemporaneously served in The Office of the Clerk of the District Court from which the appeal is originating, and served on all parties. A "notice of appeal" form can be obtained from the "Forms" section of the Montana Supreme Court website.

Frequently asked questions