Pennsylvania Code › Title 22 - EDUCATION › Part XVII - State System of Higher Education › Chapter 507 - FINANCE AND ADMINISTRATION › DETERMINATION OF STUDENT DOMICILE › Section 507.3 - Determination of domicile

Current through Register Vol. 54, No. 28, July 13, 2024
Domicile is the place where one intends to reside either
					 permanently or indefinitely and does in fact so reside. The presumptions and
					 forms of evidence set forth in this section shall be considered by the
					 universities in making their determinations.
(1) Continuous residence in this Commonwealth
				  for a period of 12 months prior to registration as a student at an institution
				  of higher education in this Commonwealth creates a presumption of domicile. A
				  student is presumed not to be a domiciliary if the student has resided for a
				  shorter period before attending an institution of higher education, but the
				  student may rebut this presumption by clear and convincing evidence.
(2) Students who are not United States
				  citizens, and have nonimmigrant visas or lack visas, are presumed not to be
				  domiciled in this Commonwealth, but they may rebut this presumption by clear
				  and convincing evidence.
(3) A
				  minor is presumed to have the domicile of his parents or guardian. The age of
				  majority for establishing a domicile for tuition purposes is 22. A minor may
				  prove financial emancipation and thereby prove Pennsylvania domicile through
				  clear and convincing evidence.
(4)
				  A United States government employe or a member of the armed forces who was
				  domiciled in this Commonwealth immediately preceding entry into government
				  service and who has continuously maintained Pennsylvania as his declared legal
				  residence, shall be presumed to have a Pennsylvania domicile. Nonresidents
				  stationed in this Commonwealth for military service shall be deemed
				  Pennsylvania domiciliaries.
(5) A
				  student receiving a scholarship, loan or grant, dependent upon maintaining
				  domicile in a state other than Pennsylvania, is presumed to be domiciled in the
				  state from which he is receiving financial aid.
(6) Rules of evidence are as follows:
(i) The following factors may be considered
				  as evidence of domiciliary intention but may be given weight that the finder of
				  fact given the circumstances of each case may assign to them:
(A) Lease or purchase of a permanent,
				  independent residence within this Commonwealth by the student.
(B) Payment of appropriate State and local
				  taxes. Special attention should be given to payment of Pennsylvania taxes on
				  income earned during periods of temporary absence from this
				  Commonwealth.
(C) Transfer of bank
				  accounts, stocks, automobiles and other registered property to Pennsylvania
				  from another state.
(D) Procurement
				  of a Pennsylvania driver's license.
(E) Procurement of a Pennsylvania motor
				  vehicle registration.
(F) Agreement
				  for permanent, full-time employment in this Commonwealth.
(G) Membership in social, civic, political,
				  athletic and religious organizations located in this Commonwealth.
(H) Registration to vote in this
				  Commonwealth.
(I) A sworn statement
				  by the student or his parents or guardian in the case of a minor declaring his
				  intention to make this Commonwealth his residence either permanently or for an
				  indefinite period of time.
(J) A
				  sworn statement from the parents or guardian of a minor setting forth facts to
				  establish the minor's financial independence and separate residence.