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RESIDENCY | No. 6-1 | Rev. |
| Date 4-20-77 | |||
I. GENERAL:
Title 53-34-1 of the Utah Code Annotated (Supp. 1953) has established the provisions by
which residency in the State of Utah are to be determined. The meaning of the word
"resident" for the purpose of this act shall be determined by reference to the
general law of the subject of domicile, except that the following rules shall be observed:
A. No person can acquire a domicile by living in the State of Utah when such a person
lives in Utah for the purpose of attending or enabling a minor child to attend an
institution of higher education.
B. A student whose family residence is not in Utah cannot acquire domicile unless he or
she has lived in the state for one year prior to registration in a post high school
educational institution.
C. A student whose family moves to Utah with the intent of taking up permanent
residence shall be immediately eligible to register as a Utah resident student.
D. No student shall lose his/her domicile for educational purposes by the removal of
his/her parents or guardian from the state during the continuous period of his/her higher
education.
E. The domicile of a minor shall be that of his/her father; in the event of the death
of his/her father, that of his/her mother; in the event of the death of both parents, that
of the last deceased parent unless a guardian has been appointed. Letters of guardianship
are not conclusive for purposes of determining domicile within the meaning of this act. In
the event of divorce or separation, the domicile of the minor shall be that of the person
to whom custody has been awarded, or that of the mother if no award has been made.
Each person serving in the United States armed forces, assigned to duty in Utah, and
members of the family of such persons who live in Utah shall be deemed residents for the
purpose of this act.
II. POLICY:
A. A student classified as a nonresident of the State of Utah shall pay a nonresident
fee as prescribed by the State Legislature and the State Board of Regents.
B. Any nonresident student who has reason to believe he/she can qualify for the resident status must file a petition with the assistant vice president for academic services before he/she registers. Petition forms are available in the Office of the Assistant Vice President for Academic Affairs.