Out of State College Student: Can I Declare my College Home as my Legal Address?

[Wolfian]

Can I? My NJ driver’s license is going to exprire at the end of June. I’ve lived in NY as a student for the past three years.

[friedo]

Yep.

[FilmGeek]

Why not?

In Kansas you have something like 10 days after establishing a residence to get your Kansas license. I’ve been here for seven years and I just got mine in August.

[Lsura]

It depends on the rules of the state.

The answer I got when I moved here and appealed the residency decision was that I had moved to this state specifically for the purpose of attending school here, and so I was an out of state resident.

However, I searched google for NY Residency, and the first link I got was this one

A person does not acquire a New York State domicile simply by being physically present in New York for a period of twelve months.

An unemancipated student’s domicile is that of his or her parents or other legal guardian.(Factors to be used in determining emancipation are discussed in subsection D below.)

So, it really depends on why you moved there. Your best bet is to talk to the school admissions office (that’s where the residency person is here, but your school may have it set up differently).

[Lsura]

I meant to include this part:

A person does not acquire a New York State domicile by being physically present in New York for the sole purpose of attending a New York State college or university.

in my last post. It’s from the same website.

[Duckster]

Definition of a Resident. If you have a driver license or a vehicle registration from another state, you must get a driver license or vehicle registration from NYS within 30 days after you become a resident of NYS. Section 250 (5) of the Vehicle and Traffic Law defines the term “resident.” The law defines a resident as a person who lives in NYS with the intent to make NYS a “fixed and permanent” place to live. To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered “presumptive evidence” that you are a resident of NYS. A police officer can use this evidence as the reason to issue a traffic ticket if you drive in NYS without a driver license or vehicle registration issued by NYS.

A judge considers the law and the evidence of your intent and decides if you are a resident of NYS. For example, if you pay taxes or your children attend school in another state, a judge considers these facts to decide if your intent is to make NYS a “fixed and permanent” residence. The DMV will not decide if you are a resident of NYS, if you must get a NYS driver license, or if you must register your vehicle in NYS.

According to this law, students from other states or from other nations who attend school in NYS are normally not considered residents of NYS.

(Emphasis mine.) Source: http://www.nydmv.state.ny.us/resident.htm

NYS recognizes valid driver licenses held by residents of other US states, US territories and Federal districts and Canadian provinces. If you become a resident of NYS, you must apply for a NYS driver license not more than 30 days after you become a NYS resident.

Source: http://www.nydmv.state.ny.us/license.htm#driversmoving

Eligibility Basics
At the State-operated campuses (University Centers, University Colleges, and Technology Colleges), students are generally considered New York State residents if they have established their domicile in NY State for at least twelve months prior to the last day of the registration period of a particular term.

1. Generally, individuals who have maintained their domicile in New York for a period of less than twelve months prior to the end of registration are presumed to be out-of-state residents and are not eligible for the resident tuition rate.
2. Individuals who are financially dependent and whose custodial parent(s) lives in a state other than New York are generally not eligible for the resident tuition rate.
3. Individuals do not meet the twelve-month residency requirement if domiciled in New York State primarily to attend college.
4. Dependent students of divorced or legally separated parents may acquire a NY State domicile if the custodial parent is a NY State resident or if the student resides with a non-custodial parent who is a NY State resident and the student intends to continue to reside with that parent throughout their attendance at SUNY.

Determination of Domicile
To determine a student’s domicile, campuses use the following principles:

1. A person may have multiple residences but only one domicile.
2. A person retains a domicile until it is abandoned.
3. Physical presence alone does not establish domicile or residency.

Proof of Domicile
Campuses rely on documents and circumstances such as the following to determine if an individual’s domicile is in New York State. For financially dependent students, the campus relies on documents relating to parents or legal guardian.

1. Duration of physical presence in NY.
2. State of residency of the student’s family.
3. NY State voter registration.
4. NY State driver’s license.
5. NY State motor vehicle registration.
6. NY State real property ownership.
7. NY State residential rental lease.
8. NY State income tax returns.

Questions about resident and non-resident tuition rates should be directed to the Student Accounts Office at each SUNY campus.

Source: http://www.suny.edu/Student/Paying/Residency.cfm

In my school days, out of state students remain with out of state status unless they quit school, work for a year in the state and then return to school.

[anson2995]

[QUOTE=Duckster

In my school days, out of state students remain with out of state status unless they quit school, work for a year in the state and then return to school.[/QUOTE]

I don’t know if Duckster’s suggestion is enough, but I think than anything short of that is not going to work.

I attended a state school in the mid-80s and tried to change my residency. It appeared to be an impossible task, and simply getting a driver’s licesne or registering to vote had no impact on the process. The theory was that state residents support the universities with their tax money, and if neither you nor your parents paid state taxes, you weren’t entitled to the reduced tuition offered to state residents.

Changing your residency is not a trivial task.

[friedo]

Well, color me baffled. I’ve known dozens of people attending college in New York who have had no problem establishing residence here, getting driver’s licenses, voting and so on. I’m guessing these kind of laws are not particularly well enforced.

[barking_frog]

Well, when I wanted to get an Ontario driver’s license, I was told that I could not use my home address in Alberta, YMMV.

[chula]

@friedo

Well, color me baffled. I’ve known dozens of people attending college in New York who have had no problem establishing residence here, getting driver’s licenses, voting and so on. I’m guessing these kind of laws are not particularly well enforced.

The confusion comes from the fact that Duckster’s information, while potentially useful, does not respond to the OP’s question, at least as I understand it. New York requires New York residents who want to drive in New York to obtain a New York drivers license. That does not mean it prohibits people who may or may not be New York residents from obtaining a New York drivers license.

[friedo]

But you do need New York residence to vote, right? I know lots of people from out-of-state who vote in New York, despite only living here during the academic year.

[chula]

@friedo

But you do need New York residence to vote, right? I know lots of people from out-of-state who vote in New York, despite only living here during the academic year.

No, you need only live in the state (in New York, for 30 days) to register to vote. Registering to vote is (non-conclusive) evidence that you intended to make the state your legal domicile.

[Jman]

I went to school at Cornell in NY, and my parents lived in Ohio. When I turned 21, I got a NY drivers license. Basically, what it boils down to is, do you want to establish yourself as a New York resident? One consequence is that I began filing taxes in NY. When I called the IRS and the DMV, they essentially said that while I didn’t qualify for resident status for tuition (not that it mattered, since I was paying private tuitution), I could do things as a New Yorker if I chose to establish myself as a New Yorker.

Jman

[Wolfian]

So what I’m getting is a yes with a maybe. A follow-up: I’m trying to get a better insurance rate. Will declaring NY residency affect that?