General Policy Questions

The burden to prove financial independence is upon the petitioner.  Typically, tax returns, pay stubs with year-to-date earnings, financial aid award documentation, tax exempt affidavits, and savings documentation are submitted.  Petitioners may provide other documentation to establish clear and convincing evidence that the student is more than 51% financially independent. 

Tuition payments sources are considered when evaluating financial independence.  If a parent or guardian pays tuition it considered as support not a student resource. 

If a parent claims a student as dependent the student’s residency is impacted based on the state in which those taxes were filed.  For example: if the parent resides outside Montana files as a resident of another state it is unlikely the student would be considered a Montana resident for tuition purposes. Ifthe parent resides in Montana and files resident Montana income taxes, it may help the student establish Montana residency for tuition purposes. 

529 accounts are considered parent resources and are therefore considered to be support received from a parent or guardian.  

Non-U.S. Citizens with visa or other classifications that provide them the ability to reside permanently in the United States are eligible to acquire in-state status for higher education purposes under Board of Regents’ Policy 940.1.  In order to be classified in an in-state status, these individuals must also conform to the procedures set forth in Board of Regents’ Policy 940.1 in establishing their intent to become a resident of Montana.  In other words, the ability to remain permanently in the U.S. is a necessary prerequisite to obtaining in-state status, but it is insufficient standing alone to obtain in-state status.

Individuals with the following visa types are presumed to have the ability to obtain in-state status:

  • A •             I
  • DV •             K
  • E •             L
  • G •             T
  • H1 •             V
  • H4

Individuals in lawful permanent resident status, or in asylee or refugee status are also presumed to have the ability to obtain in-state status.

The applicable period of continuous domicile required by Board of Regents’ Policy 940.1 cannot begin to run until the individual has made formal application for one of the visas listed above or for classification in one of the statuses listed above.  An individual cannot be classified in an instate status until he or she has been granted one of the eligible statuses listed above and has demonstrated the intent to become a Montana resident in accordance with the policy.

Individuals with temporary, non-immigrant visas are generally unable to obtain in-state status as the nature of those visas are inconsistent with the intent required under Board of Regents’ Policy 940.1  This generalized rule applies regardless of the duration of the visa or the number of times it is or can be renewed.

Non-U.S. Citizens who are residing lawfully in the United States, including but not limited to those here on TN visas, are eligible for the exceptions listed in Section H of Board of Regents' Policy 940.1: An out-of-state student admitted to a professional degree program is not eligible for reclassification as an in-state resident and shall remain classified as an out-of-state student for the duration of the student’s enrollment in the professional program. A student classified as out-of-state who maintains the initial classification was in error may only seek reclassification pursuant to the procedures of this policy prior to the start of the initial term of enrollment or matriculation into the program. For purposes of this subsection, the term “professional degree program” means a program of law, pharmacy, or physical therapy.)

If a student is denied in-state status the student has a right to appeal (see below).  If there is additional information they would like MSU to consider prior to appealing to the Office of the Commissioner of Higher Education, they may request a second review that includes the supplemental documentation. 

If a student is denied in-state status after their file completed file is reviewed by MSU, the student may appeal to the Office of the Commissioner of Higher Education (OCHE) within 14 calendar days of the committee’s initial decision.  An appeal may be accompanied by any additional written materials the student wishes to submit.  These materials should be submitted to Veronica Jordan in the Registrar’s Office who will transmit the entire packet to the Commissioner’s office in Helena, MT. 

 

 

 

New Students

  • If you currently live in Montana and have already started establishing/transferring your legal ties (driver’s license, vehicle registration, voter registration), you can apply seeking in-state classification as a Montana resident.  This will inform the Office of Admissions of your intent and help them to determine if additional documentation may be needed from you to determine your residency classification.  
  • If you do not live in Montana and have not established/transferred all of your legal ties to Montana (driver’s license, vehicle registration, voter registration), you should apply as out-of-state (i.e. NOT seeking in-state classification as a Montana resident).  Once you move to Montana, please contact the Office of Admissions for more information regarding petitioning for reclassification. 
  • If you live in Montana but have not established any legal ties in Montana (driver’s license, vehicle registration, voter registration), you should apply as out-of-state (i.e. NOT seeking in-state classification as a Montana resident).  Please contact the Office of Admissions for more information regarding petitioning for reclassification.  
  • If you do not live in Montana and have not established/transferred all of your legal ties to Montana (driver’s license, vehicle registration, voter registration), you should apply as out-of-state (i.e. NOT seeking in-state classification as a Montana resident).  Once you move to Montana, please contact the Office of Admissions for more information regarding petitioning for reclassification. 
  • If you believe you have met the requirements for establishing in-state Montana residency for tuition purposes, your residency status can be reviewed upon submission of a petition for reclassification. 

 

 

Continuing or Returning Students  

No- Please gather all requested documentation before submitting your packet to the Registrar's Office. 

Once a petition has been turned in with complete documents, it typically takes 2-4 weeks for it to be reviewed. 

It does not. You would still need to meet the requirements set by the Board of Regents. 

If your last name begins with the letter A-L, contact Ginny Lones at ginny.lones@montana.edu with questions.

If your last name begins with the letter M-Z, contact Veronica Arthur at veronica.jordan@montana.edu with questions.

 

 

Graduate Students

If you have questions please contact The Graduate School at 406-994-4145 or gradschool@montana.edu