A nonresident student attending a New York college or university on more than a half-time basis is presumed to be in the state primarily for educational purposes.Such acts and/or declarations alone are not sufficient evidence of the establishment of legal and permanent residence or domicile. registering to vote, obtaining a driver’s license). payment of taxes), and all of which are customarily done by some nonresidents who do not intend to remain in New York after graduation, but are situationally necessary and/or convenient (i.e. Students attending a New York college or university may perform many objective acts, some of which are required by law (i.e.Attendance at an educational institution, albeit a continuous and long-term experience, is interpreted as temporary residence therefore, a student neither gains nor loses residence status solely by such attendance."Proper construction of the term "resident" depends on the particular subject matter in which it is used, and where this section proscribes "residence" as qualification for privilege or enjoyment of benefit, word is equivalent to 'domicile'." A New York court decision defined “residence” as the equivalent of “domicile” as it is used in the statute. Education Law (Section 661-5) requires a student to be a legal resident of the state of New York in order to be eligible for Tuition Assistance Program (TAP), and most other state scholarships and other awards.
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