22 Pa. Code § 507.3 - Determination of domicile

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.

(ii) Each case shall be decided on the basis of facts submitted, with qualitative rather than quantitative emphasis. No given number of factors is required for domicile, since the determination in each case is one of the subjective intention of the student to reside permanently or indefinitely in this Commonwealth.

Notes

22 Pa. Code § 507.3