New Mexico Administrative Code › Title 5 - POST-SECONDARY EDUCATION › Chapter 7 - TUITION AND FINANCIAL AID › Part 18 - RESIDENCY FOR TUITION PURPOSES › Section 5.7.18.9 - REQUIREMENTS TO ESTABLISH NEW MEXICO RESIDENCY

Current through Register Vol. 35, No. 13, July 16, 2024
To become a legal resident of New Mexico for tuition
				  purposes each of the following requirements must be satisfied.
A.
Twelve (12) month durational
				requirement.
A person must physically reside in New Mexico for the
				twelve (12) consecutive months immediately preceding the term for which the
				resident classification is requested. Exceptions may be granted for student's
				participating in an internship or student exchange program (excluding those
				described in
				5.7.18.11
				NMAC) and not exceeding one (1) semester in duration.
B.
Financial independence
				requirement.
Only persons who are financially independent may establish
				residency apart from parents or guardians. A student cannot be approved for
				residency who is financially dependent upon his or her parents or legal
				guardians who are nonresidents of New Mexico. Dependency will be determined
				according to the 1954 Internal Revenue Service Code, Section 152 and is always
				based on the previous tax year for residency purposes. If under the age of 23
				at the time the student applies for residency, a copy of his/her parents' or
				guardians' 1040 or 1040A U.S. income tax form for the previous tax year is
				required. If the student is shown to be a dependent on this tax form, he/she
				will not be considered financially independent or eligible for residency during
				the current year.
C.
Written
				declaration of intent requirement.
The student or person must sign a
				written declaration of intent to relinquish residency in any other state and to
				establish it in New Mexico.
D.
Overt acts requirement.
(1) Overt
				acts are required to evidence support of the written declaration of intent to
				establish permanent residency in New Mexico. Any act considered inconsistent
				with being a New Mexico resident will cause the request for resident
				classification to be denied. The required overt acts are evidence of any two
				(2) of the following:
(a) if the applicant is
				financially dependent, a copy of the parent or guardians' previous year income
				tax showing the applicant as a dependent and the parent address as New Mexico;
				or
(b) a New Mexico high school
				transcript issued in the past year confirming attendance at a New Mexico public
				or private high school within the past twelve (12) months; or
(c) a transcript from an online high school
				showing a New Mexico address confirming attendance within the past twelve (12)
				months; or
(d) a New Mexico
				driver's license or ID card with an original date of issue or a renewal date
				issued prior to the first day of the term or semester; or
(e) proof of payment of New Mexico state
				income tax for the previous year; or
(f) evidence of employment within the state
				of New Mexico; or
(g) New Mexico
				vehicle registration; or
(h) voter
				registration in New Mexico; or
(i)
				proof of residential property ownership in New Mexico; or
(j) a rental agreement within New Mexico;
				or
(k) utility bills showing the
				applicant name and a New Mexico address; or
(l) other evidence which would reasonably
				support the individual's intent to establish and maintain New Mexico residency.