N.J. Admin. Code § 9A:9-2.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 9A:9-2.2 - Residency

(a) Students must be legal residents of New Jersey for a period of not less than 12 consecutive months immediately prior to the academic period for which aid is being requested. The residence of a student is defined in terms of domicile. Domicile is defined as the place where a person has his or her true, fixed, permanent home and principal establishment, and to which, whenever he or she is absent, he or she has the intention of returning.

1. A dependent student, as defined at N.J.A.C. 9A:9-2.6, shall be considered domiciled in this State for the purposes of determining eligibility for a State student grant or scholarship if the student meets the following criteria:

i. The student is a United States citizen or an eligible noncitizen, as determined at 20 U.S.C. § 1091;

ii. The student and the student's parent(s) have resided in the State for a period of not less than 12 consecutive months immediately prior to the academic period for which State student assistance is being requested; and

iii. The student's parent(s) or guardian provides the Higher Education Student Assistance Authority, upon request, with documentation to verify income and assets.

2. A student may not establish State residence solely for the purpose of attending a particular college and will not be considered as fulfilling the definition of domicile for the purposes of State student financial aid.

(b) When a student's domicile is in question, the Authority will request that the student submit the documentation necessary to demonstrate residency, which includes, but is not limited to, the following:

1. Student's and/or parent(s)' New Jersey driver license or New Jersey non-driver identification card;

2. Student's and/or parent(s)' New Jersey State Income Tax-Resident Return(s);

3. Proof of graduation from a New Jersey high school; and/or

4. Evidence of home ownership or a long-term lease in New Jersey.

(c) The provisions for establishing legal residence in New Jersey as stipulated in (a) and (b) above are excepted for a dependent child of a parent who has been transferred to a military installation located in this State and such dependent child shall be considered a resident of New Jersey for the purposes of qualifying for State student financial aid under the State Tuition Aid Grant Program, the New Jersey Student Tuition Assistance Reward Scholarship Program, and the New Jersey Student Tuition Assistance Reward Scholarship II Program.

(d) Institutions that certify a student's state of legal residence shall maintain documentation concerning the student's New Jersey residency and shall provide this certified documentation, if requested by the Authority, to substantiate an appeal.

(e) Notwithstanding the provisions of (a) and (b) above, a student is eligible for aid if the student:

1. Attended high school in New Jersey for at least three years;

2. Graduated from a high school in New Jersey or received the equivalent of a high school diploma in New Jersey;

3. Is not attending an institution in New Jersey solely for the purpose of receiving State student financial aid; and

4. In the case of a person without lawful immigration status, files an affidavit with the institution of higher education stating that the student has filed an application to legalize his or her immigration status or will file an application as soon as he or she is eligible to do so.

(f) Students who meet the requirements of (e) above, shall be referred to as New Jersey Dreamers, for purposes of State student financial assistance.

(g) The Higher Education Student Assistance Authority shall have final decision making authority to determine the state of residence/domicile for any individual whose residency/domicile is in question.

N.J. Admin. Code § 9A:9-2.2

Amended by 46 N.J.R. 2354(a), effective 12/1/2014

Amended by 52 N.J.R. 469(a), effective 3/2/2020

Amended by 54 N.J.R. 1077(a), effective 6/6/2022