Wisconsin Administrative Code
Technical College System Board
Chapter TCS 10 - Residency, Admissions And Fee Refund
Section TCS 10.03 - Wisconsin residence
Universal Citation: WI Admin Code ยง TCS 10.03
Current through August 26, 2024
(1) GENERAL PROVISIONS. In this section:
(a) Any person who is a resident of the state
at the beginning of any semester or session for which the person makes
application, is a resident of the state for admission and fee
purposes.
(b) Notwithstanding par.
(a), a person who enters and remains in this state principally to obtain an
education is presumed to continue to reside outside this state and the
presumption continues in effect until rebutted by clear and convincing evidence
of residence in the state, which may be demonstrated by the verifications
indicated in sub. (2) (b).
(c)
State residence and district residence, as determined in s.
TCS 10.04(2), may be established
concurrently.
(d) Aliens may
establish residence in the state according to the provisions of this
section.
(2) DETERMINATION OF RESIDENCE.
(a) In
determining state residence for the semester or session of application, the
intent of the applicant to establish and maintain a permanent residence in
Wisconsin is determinative.
(b) In
addition to representations by the applicant, state residence and intent to
remain in Wisconsin may be demonstrated or disproved by factors including, but
not limited to, filing of Wisconsin income tax returns, eligibility to vote in
the state, motor vehicle registration in the state, possession of a Wisconsin
motor vehicle operator's license, place of employment, and
self-support.
(3) STATUTORY RESIDENTS. Pursuant to s. 38.22(6), Stats., the following persons, in addition to persons determined state residents under subs. (1) and (2), are state residents for purposes of admission and fees:
(a) Any person who was
employed, or whose parent or legal guardian was employed as a migrant worker
for at least 2 months each year for 3 of the 5 years preceding the semester of
application for admission, or at least 3 months each year for 2 of the 5 years
preceding the semester of application for admission. In this paragraph, migrant
worker status is determined by s.
103.90(5),
Stats.
(b) Any minor or adult who,
under 26 USC
152(a), is a dependent of a
parent or legal guardian, and whose natural parents are legally separated or
divorced, if one parent was a bona fide state resident for at least 12 months
preceding the beginning of the semester for which application is
made.
(c) Any person continuously
employed full time in Wisconsin, who was relocated by his or her current
employer or moved to the state for employment, and who accepted current
employment before moving and before applying for admission to a district
school, if the person demonstrates an intent to make Wisconsin a permanent home
as set forth in sub. (2). State residence admission under this paragraph
extends to the spouse and dependents, as specified in
26 USC
152(a), of persons
determined eligible.
(d) Any
refugee, as defined in s.
TCS
10.02(13), who moved to this state
immediately upon arrival in the United States, and who has resided in the state
continuously, and who demonstrates an intent to make Wisconsin a permanent home
as set forth in sub. (2).
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