Current through Register Vol. 35, No. 6, March 26, 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.
(2)The department
recognizes that there may be circumstances in which a student would not be able
to fulfill the requirements of an overt act as listed in this section, such as:
1) individual is physically disabled and does
not have a driver's license, or
2)
individual is a convicted felon and therefore cannot vote, etc. In instances
such as these, the institution will afford the student an opportunity to
provide other documentary evidence or reasonable explanation which demonstrates
that permanent residency in New Mexico has been established by the
student.
E.
Exceptions to the twelve (12) month requirement. If a student has
met the requirements of one (1) of the following exceptions, and is granted
residency status, the student shall continue to be classified and reported as a
resident for subsequent, continuing enrollment.
(1) An individual married to a legal resident
of New Mexico and providing appropriate evidence shall not be required to
complete the twelve 12-month durational requirement but must satisfy all other
requirements listed in Subsections B, C, and D of 5.7.18.9 NMAC.
(2) Any person, their spouse and dependents
who move to New Mexico or who now live in New Mexico and who provide
appropriate evidence that they work in a permanent full-time position or
practice a profession or conduct a business full-time in New Mexico, shall not
be required to complete the twelve 12-month durational requirement but must
satisfy all other requirements listed in Subsections B, C, and D of 5.7.18.9
NMAC.
(3) Any person entering the
active service of the United States while a resident of New Mexico and who
enters a state institution of postsecondary education in New Mexico after
separation from such service may be classified as having been a legal resident
in New Mexico during the time spent in the service provided they:
(a) have not while in the service done
anything (such as voting in another state) to show abandonment of their New
Mexico residency;
(b)have not
established residence in some other state subsequent to being separated from
service;
(c)return to New Mexico
within three (3) years after separation from service with the intention of
maintaining this state as their legal residence;
(d)are not a dependent minor with parent(s)
or guardian(s) whose place of residence classifies him or her as a nonresident
of New Mexico.
(4) Any
person, their spouse and dependents, who move to New Mexico for retirement
purposes, and who provide appropriate evidence of retirement shall not be
required to complete the twelve 12-month durational requirement. They must,
however, satisfy the other requirements listed in Subsections B, C, and D of
5.7.18.9 NMAC.
F.
Inconsistent acts. A person that demonstrates an inconsistent act, such
as residing primarily out of state or maintaining a valid out of state driver's
license, may be denied residency irrespective of other overt acts that would
establish their residency. An officer of the public postsecondary institution
shall exercise professional judgement to determine if an inconsistent act
should cause the residency petition to be denied.
