N.M. Code R. § 5.7.18.9

Current through Register Vol. 35, No. 9, May 7, 2024
Section 5.7.18.9 - REQUIREMENTS TO ESTABLISH NEW MEXICO RESIDENCY

To become a legal resident of New Mexico for tuition purposes each of the following requirements must be satisfied.

A.Twelve (12) month durational requirement. A person must physically reside in New Mexico for the twelve (12) consecutive months immediately preceding the term for which the resident classification is requested. Exceptions may be granted for student's participating in an internship or student exchange program (excluding those described in 5.7.18.11 NMAC) and not exceeding one (1) semester in duration.
B.Financial independence requirement. Only persons who are financially independent may establish residency apart from parents or guardians. A student cannot be approved for residency who is financially dependent upon his or her parents or legal guardians who are nonresidents of New Mexico. Dependency will be determined according to the 1954 Internal Revenue Service Code, Section 152 and is always based on the previous tax year for residency purposes. If under the age of 23 at the time the student applies for residency, a copy of his/her parents' or guardians' 1040 or 1040A U.S. income tax form for the previous tax year is required. If the student is shown to be a dependent on this tax form, he/she will not be considered financially independent or eligible for residency during the current year.
C.Written declaration of intent requirement. The student or person must sign a written declaration of intent to relinquish residency in any other state and to establish it in New Mexico.
D.Overt acts requirement.
(1) Overt acts are required to evidence support of the written declaration of intent to establish permanent residency in New Mexico. Any act considered inconsistent with being a New Mexico resident will cause the request for resident classification to be denied. The required overt acts are evidence of any two (2) of the following:
(a) if the applicant is financially dependent, a copy of the parent or guardians' previous year income tax showing the applicant as a dependent and the parent address as New Mexico; or
(b) a New Mexico high school transcript issued in the past year confirming attendance at a New Mexico public or private high school within the past twelve (12) months; or
(c) a transcript from an online high school showing a New Mexico address confirming attendance within the past twelve (12) months; or
(d) a New Mexico driver's license or ID card with an original date of issue or a renewal date issued prior to the first day of the term or semester; or
(e) proof of payment of New Mexico state income tax for the previous year; or
(f) evidence of employment within the state of New Mexico; or
(g) New Mexico vehicle registration; or
(h) voter registration in New Mexico; or
(i) proof of residential property ownership in New Mexico; or
(j) a rental agreement within New Mexico; or
(k) utility bills showing the applicant name and a New Mexico address; or
(l) other evidence which would reasonably support the individual's intent to establish and maintain New Mexico residency.
(2)The department recognizes that there may be circumstances in which a student would not be able to fulfill the requirements of an overt act as listed in this section, such as:
1) individual is physically disabled and does not have a driver's license, or
2) individual is a convicted felon and therefore cannot vote, etc. In instances such as these, the institution will afford the student an opportunity to provide other documentary evidence or reasonable explanation which demonstrates that permanent residency in New Mexico has been established by the student.
E. Exceptions to the twelve (12) month requirement. If a student has met the requirements of one (1) of the following exceptions, and is granted residency status, the student shall continue to be classified and reported as a resident for subsequent, continuing enrollment.
(1) An individual married to a legal resident of New Mexico and providing appropriate evidence shall not be required to complete the twelve 12-month durational requirement but must satisfy all other requirements listed in Subsections B, C, and D of 5.7.18.9 NMAC.
(2) Any person, their spouse and dependents who move to New Mexico or who now live in New Mexico and who provide appropriate evidence that they work in a permanent full-time position or practice a profession or conduct a business full-time in New Mexico, shall not be required to complete the twelve 12-month durational requirement but must satisfy all other requirements listed in Subsections B, C, and D of 5.7.18.9 NMAC.
(3) Any person entering the active service of the United States while a resident of New Mexico and who enters a state institution of postsecondary education in New Mexico after separation from such service may be classified as having been a legal resident in New Mexico during the time spent in the service provided they:
(a) have not while in the service done anything (such as voting in another state) to show abandonment of their New Mexico residency;
(b)have not established residence in some other state subsequent to being separated from service;
(c)return to New Mexico within three (3) years after separation from service with the intention of maintaining this state as their legal residence;
(d)are not a dependent minor with parent(s) or guardian(s) whose place of residence classifies him or her as a nonresident of New Mexico.
(4) Any person, their spouse and dependents, who move to New Mexico for retirement purposes, and who provide appropriate evidence of retirement shall not be required to complete the twelve 12-month durational requirement. They must, however, satisfy the other requirements listed in Subsections B, C, and D of 5.7.18.9 NMAC.
F. Inconsistent acts. A person that demonstrates an inconsistent act, such as residing primarily out of state or maintaining a valid out of state driver's license, may be denied residency irrespective of other overt acts that would establish their residency. An officer of the public postsecondary institution shall exercise professional judgement to determine if an inconsistent act should cause the residency petition to be denied.

N.M. Code R. § 5.7.18.9

5.7.18.9 NMAC - Rp, 5.7.18.11 & 12 NMAC, 8/30/2007; A, 5/30/2008, Amended by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015, Amended by New Mexico Register, Volume XXVII, Issue 21, November 15, 2016, eff. 11/15/2016