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 November 27, 2023

(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).

Cr. Register, June, 1994, No. 462, eff. 7-1-94.

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