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See the residency FAQs for more information.

In Oregon, as in all other states, instruction fees at publicly supported four-year colleges and universities are higher for nonresident students than for resident students. Currently, nonresident students are assessed instruction fees that approximate the full cost of instruction.

The current rules and amendments used in determining residency seek to ensure that only bona fide Oregon residents are assessed the resident fee. Those rules—Oregon Administrative Rules, Chapter 580, Division 10, Board of Higher Education—appear below.

Only duly authorized admissions officers have authority to apply and interpret these rules and procedures. No other indication or determination of residency by any other institutional office, department, program, or staff represents the official institutional determination of residency.

Summary of Key Considerations in Determining Classification as a Resident

  1. Establishment of a domicile in Oregon for a period of twelve-months or more prior to the beginning of the term for which residency is sought.
  2. Financial dependence on an Oregon resident or financial independence.
  3. Primary purpose for being in Oregon other than to obtain an education.
  4. Nature and source of financial resources.
  5. Various other indicia of residency, e.g., ownership of Oregon living quarters, permanent Oregon employment, payment of Oregon income taxes.

Oregon State Board of Higher Education Administrative Rules Definitions
010-0029.

For the purpose of rules 010-0030 through 010-0045, the following words and phrases mean:

  1. "Domicile" denotes a person's true, fixed, and permanent home and place of habitation. It is the place where a person intends to remain and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere.
  2. "Financially independent" denotes a person who has not been and will not be claimed as an exemption and has not received and will not receive financial assistance in cash or in-kind of an amount equal to or greater than that which would qualify him or her to be claimed as an exemption for federal income tax purposes by another person except his or her spouse for the current calendar year immediately prior to the year in which application is made.
  3. A "dependent" is a person who is not financially independent .

Determination of Residence
010-0030

  1. For purposes of admission and instruction fee assessment, OUS institutions shall classify a student as an Oregon resident or nonresident. In determining resident or nonresident classification, the primary issue is one of intent. If a person is in Oregon primarily for the purpose of obtaining an education, that person will be considered a nonresident. For example, it may be possible for an individual to qualify as a resident of Oregon for purposes of voting or obtaining an Oregon driver's license and not meet the residency requirements established by these rules.
  2. An Oregon resident is a financially independent person who, immediately prior to the term for which Oregon resident classification is requested:
    1. Has established and maintained a domicile in Oregon of not less than twelve consecutive months; and
    2. Is primarily engaged in activities other than those of being a college student.
      1. Student may be considered primarily engaged in educational activities regardless of the number of hours for which the student is enrolled; however, a student who is enrolled for more than eight hours per semester or quarter shall be presumed to be in Oregon for primarily educational purposes.
      2. Such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless the student proves, in fact, establishment of a bona fide domicile in this state primarily for purposes other than educational.
  3. An Oregon resident is also a person who is dependent on a parent or legal custodian who meets the Oregon residency requirements of these rules.
  4. The criteria for determining Oregon resident classification shall also be used to determine whether a person who has moved from Oregon has established a non-Oregon residence.
  5. If institution records show that the residence of a person or the person's legal custodian upon whom the person is dependent is outside of Oregon, the person shall continue to be classified as a nonresident until entitlement to resident classification is shown. The burden of showing that the residence classification should be changed is on the person requesting the change.

Residency Consideration Factors
010-0031

  1. The following factors, although not necessarily conclusive or exclusive, have probative value in support of a claim for Oregon resident classification:
    1. Be primarily engaged in activities other than those of a student and reside in Oregon for twelve consecutive months immediately prior to the beginning of the term for which resident classification is sought;
    2. Reliance upon Oregon resources for financial support;
    3. Domicile in Oregon of persons legally responsible for the student;
    4. Acceptance of an offer of permanent employment in Oregon; and
    5. Ownership by the person of his or her living quarters in Oregon.
  2. The following factors, standing alone, do not constitute sufficient evidence to effect classification as an Oregon resident:
    1. Voting or registration to vote;
    2. Employment in any position normally filled by a student;
    3. The lease of living quarters;
    4. Admission to a licensed practicing profession in Oregon;
    5. Automobile registration;
    6. Public records, for example, birth and marriage records, Oregon driver's license;
    7. Continuous presence in Oregon during periods when not enrolled in school;
    8. Ownership of property in Oregon, or the payment of Oregon income or other taxes; or
    9. Domicile in Oregon of the student's spouse.
  3. Reliance upon non-Oregon resources for financial support is an inference of residency in another state.
  4. The resident classification of a dependent person shall be that of his or her parents or legal custodians, or, in the case of divorce or other similar circumstances, the parent or legal custodian upon whom the person is financially dependent, unless the dependent has been in Oregon with the other parent or legal custodian and established Oregon residency under these rules twelve months prior to the term for which Oregon resident classification is requested.

Evidence of Financial Dependency
010-0033

  1. In determining whether a student is financially dependent and whether his or her parent or legal custodian has maintained a bona fide domicile in Oregon for one year, a student must provide:
    1. Legal proof of custodianship;
    2. Evidence of established domicile of parent or legal custodian;
    3. The identification of the student as a dependent on the federal income tax return of the parents, or legal custodian. Additional documentation to substantiate dependency during the current calendar year may be required at a later time if deemed necessary by the institution.
  2. A student who provides evidence that he or she is a dependent of a parent or legal custodian who has maintained a one-year domicile in Oregon shall not be required to establish a one-year domicile prior to classification of resident status, provided such a student may not be classified as a resident while receiving financial assistance from another state or state agency for educational purposes.

Residence Classification of Armed Forces Personnel
010-0035

  1. For purposes of this rule, armed services means officers and enlisted personnel of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard.
  2. Notwithstanding OAR 010-0030, members of the armed services and their spouses and dependent children who reside in this state while assigned to duty at any base, station, shore establishment, or other facility in this state, or while serving as members of the crew of a ship that has an Oregon port of shore establishment as its home port or permanent station, shall be considered residents for purposes of the instruction fee.
  3. An Oregon resident entering the armed services retains Oregon residence classification until it is voluntarily relinquished.
  4. An Oregon resident entering the armed services and assigned on duty outside of Oregon must return to Oregon within 60 days after completing service to retain classification as an Oregon resident.
  5. A person who continues to reside in Oregon after separation from the armed services may count the time spent in the state while in the armed services to support a claim for classification as an Oregon resident.
  6. The dependent child and spouse of a person who is a resident under Section (2) of this rule shall be considered an Oregon resident. "Dependent child" includes any child of a member of the armed forces who:
    1. Is under 18 years of age and not married, otherwise emancipated, or self-supporting; or
    2. Is under 24 years of age, unmarried, enrolled in a full-time course of study in a institution of higher learning, and dependent on the member for more than one-half of his/her support.

Residence Classification of Members of Oregon Tribes
010-0037

  1. Students who are enrolled members of federally recognized tribes of Oregon or who are enrolled members of a Native American tribe which has traditional and customary tribal boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon shall be assessed resident tuition regardless of their state of residence.
  2. For the purposes of this rule, the federally recognized tribes of Oregon are:
    1. Burns Paiute Tribe
    2. Confederated Tribes of Coos, Lower Umpqua and Siuslaw
    3. Confederated Tribes of Grand Ronde Community of Oregon
    4. Confederated Tribes of Siletz Indians of Oregon
    5. Confederated Tribes of the Umatilla Indian Reservation
    6. Confederated Tribes of Warm Springs Indian Reservation
    7. Coquille Indian Tribe
    8. Cow Creek Band of Umpqua Indians
    9. Klamath Tribes
  3. For the purposes of this rule, the Native American tribes which had traditional and customary boundaries that included parts of the state of Oregon or which had ceded or reserved lands within the state of Oregon are:
    1. CALIFORNIA
      1. Benton Paiute Tribe
      2. Big Bend Rancheria
      3. Big Lagoon Rancheria
      4. Blue Lake Rancheria
      5. Bridgeport Indian Colony
      6. Cedarville Rancheria
      7. Fort Bidwell Indian Tribe
      8. Hoopa Valley Tribe
      9. Karuk Tribe of California
      10. Likely Rancheria
      11. Lookout Rancheria
      12. Lytton Rancheria
      13. Melochundum Band of Tolowa Indians
      14. Montgomery Creek Rancheria
      15. Pit River Tribe
      16. Quartz Valley Indian Community
      17. Redding Rancheria
      18. Roaring Creek Rancheria
      19. Smith River Rancheria
      20. Susanville Rancheria
      21. Tolowa-Tutuni Tribe
      22. Winnemucca Colony
      23. XL Ranch
    2. IDAHO
      1. Nez Perce Tribe of Idaho
      2. Shoshoni-Bannock Tribes
    3. NEVADA
      1. Duck Valley Shoshone-Paiute Tribes
      2. Fallon Paiute-Shoshone Tribe
      3. Fort McDermitt Paiute-Shoshone Tribe
      4. Lovelock Paiute Tribe
      5. Pyramid Lake Paiute Tribe
      6. Reno-Sparks Indian Colony
      7. Summit Lake Paiute Tribe
      8. Walker River Paiute Tribe
      9. Winnemucca Indian Colony
      10. Yerington Paiute Tribe
    4. OKLAHOMA
      1. Modoc Tribe of Oklahoma
    5. WASHINGTON
      1. Chehalis Community Council
      2. Colville Confederated Tribes
      3. Quinalt Indian Nation
      4. Shoalwater Bay Tribe
      5. Yakama Indian Nation
  4. A student seeking to be assessed resident tuition under the provisions of this rule shall submit, following procedures prescribed by the OUS institution where the student seeks to enroll, a photocopy of tribal enrollment which documents tribal membership.

Residence Classification of Aliens
010-0040

  1. An alien holding an A,E,G,H,I,K,L,N,R,NATO,TC,TN or TD visa, or granted refugee or political asylum, Family Unity or Voluntary Departure in Lieu of Family Unity status, or otherwise admitted for permanent residence in the United States, is eligible to be considered an Oregon resident if OAR 010-0030 is otherwise satisfied. The date of receipt of the immigrant visa, the date of approval of political asylum or refugee status, or the date of lawful permanent residence, whichever is earlier, shall be the date upon which the twelve months and other residency requirements under OAR 010-0030 shall begin to accrue.
  2. Notwithstanding any other rule, an alien possessing a nonimmigrant or temporary, i.e., B,C,D,F,J, or M visa cannot be classified as a resident.

Changes in Residence Classification
010-0041

  1. If an Oregon resident student enrolls in an institution outside of Oregon and later seeks to re-enroll in an OUS institution, the residence classification of that student will be reexamined and determined on the same basis as for any other person.
  2. A person whose nonresident legal custodian establishes a permanent Oregon residence as defined in OAR 010-0030 during a term when the dependent is enrolled at a OUS institution, may register as a resident at the beginning of the next term.
  3. Once established, classification as a resident continues as long as the student remains in continuous academic year enrollment in the classifying institution.
  4. A person who seeks classification as a resident under these rules shall complete and submit a notarized Residence Information Affidavit. The affidavit and all required supportive documents and materials must be submitted by the last day to register for the term (University of Oregon Summer terms, first day of classes) in which resident status is sought.
  5. No OUS institution is bound by any determination of residency except by duly authorized officials under procedures prescribed by these rules including timely submittal of the notarized affidavit.

Review of Residence Classification Decisions by IRC
010-0045

  1. An Inter-Institutional residency committee (IRC) is established consisting of the officers determining student residence classification at Department institutions and a member of the Chancellor's staff appointed by the Chancellor. The member of the Chancellor's staff shall serve as chairperson. A majority of the members of the Committee shall constitute a quorum. A majority of a quorum may make decisions.
  2. Residence cases of unusual complexity, especially where there may be conflict of rules, may be referred by an institution residence classification officer to the IRC for decision.
  3. Any person who is aggrieved by the institution residence classification may, within ten (10) days of the date of mailing or other service of classification decision, appeal the classification to the IRC. An aggrieved person may supply written statements to the IRC for its consideration in reviewing the case and may also make an oral presentation to the IRC. The decision of the IRC shall be final unless appealed.
  4. A person dissatisfied with the IRC decision may, within ten (10) days of the date of mailing or other service of the IRC decision, appeal the IRC decision to the Vice Chancellor for Academic Affairs or designee. An appeal to the Vice Chancellor shall be in writing only. The Vice Chancellor's decision shall be final.
  5. A person granted a meritorious hardship exception to residency under this rule prior to July 1, 1990, shall not lose the exception solely because of the repeal of the exception authorization.

Residency Under WICHE
010-0047

A certification officer, designated by the Board, shall determine the residence classification of any person certified as an Oregon resident, pursuant to the terms of the WICHE Compact. Any person dissatisfied with the decision of the certification officer may appeal to the IRC. The decision of the IRC shall be final unless further appeal is made to the Vice Chancellor for Academic Affairs pursuant to OAR 010-0045(4).

Vicki Falsgraf
WICHE Certifying Officer
P.O. Box 3175
Eugene, OR 97403-0175
(541)346-5718
E-mail: vicki_falsgraf@ous.edu

Residency Classification Procedure

To be considered for classification as a resident, certain procedures and materials must be submitted to the institutional residency officer in a complete and timely manner. (1) Obtain and complete the "Residence Information Affidavit," which is available from the institution residency officer. (2) Consult with the residency officer on the provision of all the required supportive documents and materials. (3) Submit the affidavit and all other required materials and documents by the last day to register for the term (University of Oregon Summer term, first day of classes) in which resident status is sought.

Residency Classification Appeals

Any person may appeal an institutional residency classification decision within ten (10) days of the date of mailing or other notification of the decision. The appeal may be made to the State System's Interinstitutional Residency Committee (IRC) in writing or in person by notifying the institutional residency officer. The decision of the IRC may be appealed to the Vice Chancellor for Academic Affairs in writing within ten (10) days of notification of the IRC decision. The decision of the Vice Chancellor is final.

Further Information

Persons interested in further information on or assistance with residency classification should contact the institutional residency officer at the institution where residency classification is sought.

Marla Edge
Oregon Institute of Technology
3201 Campus Drive
Klamath Falls, OR 97601-8801
Phone (541) 885-1034
Toll-Free: (800) 422-2017
E-Mail: edgem@oit.edu

Dea Hoffman
Eastern Oregon University
1410 "L" Avenue
La Grande, OR 97850-2899
Phone (541) 962-3519
Toll free: (800) 452-8639
E-Mail: dea@eou.edu

Veda Kindle
Portland State University
P.O. Box 751
Portland, OR 97207-0751
Phone (503) 725-8332
Toll free: (800) 547-8887
E-Mail: kindlev@pdx.edu

Brian Stanley
University of Oregon
twelve17 University of Oregon
Office of Admissions
Eugene, OR 97403-twelve17
Phone (541) 346-3201
Toll free: (800) 232-3825
E-Mail: bstanley@oregon.uoregon.edu


Kristi May
Oregon State University
104 Kerr Administration
Corvallis, OR 97331-2106
Phone (541) 737-3691
Toll free (800) 291-4192
E-Mail: kristi.may@oregonstate.edu

Mike Corcoran
Southern Oregon University
twelve50 Siskiyou Blvd.
Ashland, OR 97520-5047
Phone (541) 552-6610
Toll free: (800) 482-7672
E-Mail: corcoran@sou.edu

Nancy Francen
Western Oregon University
345 N. Monmouth Avenue
Monmouth, OR 97361-1314
Phone (503) 838-8327
Toll free: (877) 877-1593
E-Mail: francen@wou.edu


 
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© 2007, University of Oregon Admissions, Eugene OR 97403; (800) BE-A-DUCK • updated: 11/21/2007