Residency Requirements for Tuition Purposes

You do not need to complete the Residency Declaration Form in Supplemental Forms on LSAC until you are admitted. If you are admitted and wish to claim Hawai‘i residency, or qualify for an exemption, you must complete the form.  If you do not, you will be considered a nonresident for tuition purposes.  

A determination of residency status will be made prior to matriculation.

Some of the more pertinent UH Manoa residency regulations follow. For additional information or clarification, see the Residency Declaration Form in Supplemental Forms on LSAC.

Definition of Hawai‘i Residency

A student is deemed a resident of the state of Hawai‘i for tuition purposes if the student (19* or older) or the student (under 19*) and the student’s parents or legal guardians have done the following:

1. Demonstrated intent to establish domicile in Hawai‘i (see below for indicia);
2. Been physically present in Hawai‘i for 12 consecutive months prior to the first day of instruction and subsequent to the demonstration of intent to establish domicile in Hawai‘i; and
3. The student, whether adult or minor, has not been claimed as a dependent for tax purposes for at least 12 consecutive months prior to the first day of instruction by his/her parents or legal guardians who are not residents of Hawai‘i.

To demonstrate the intent to make Hawai‘i a person’s domicile, the following indicia apply, but no single act is sufficient to establish residency for tuition purposes:

A. Filing Hawai‘i resident personal income tax return.

B. Voting/registering to vote in the state of Hawai‘i.

Other evidence, such as permanent employment and ownership or continuous leasing of a dwelling in Hawai‘i may apply, but no single act is sufficient to establish residency in the State of Hawai'i.
 

Other Legal Factors

Other legal factors involved in making a residency determination include the following:

A. The 12 months of continuous residence in Hawai‘i shall begin on the date upon which the first overt action (see evidences) is taken to make Hawai‘i one’s domicile. Resident status will be lost if it is interrupted during the 12 months immediately preceding the first day of instruction;

B. Residency in Hawai‘i and residency in another place cannot be held simultaneously;

C. Presence in Hawai‘i primarily to attend an institution of higher learning does not create resident status. A nonresident student enrolled for 6 credits or more during any term within the 12-month perod is presumed to be in Hawaii primarily to attend college.  Such periods of enrollment cannot be applied toward the physical presence requirement.

D. The residency of unmarried students who are minors follows that of the parents or legal guardian. Marriage emancipates a minor.

E. Resident status, once acquired, will be lost by future voluntary action of the resident inconsistent with such status. However, Hawai‘i residency will not be lost solely because of absence from the State while a member of the U.S. Armed Forces, while engaged in navigation, or while a student at any institution of learning, provided that Hawaii is claimed and maintained as the person's legal residence.

Board of Regents Exemptions

1. Nonresidents may be allowed to pay resident tuition if they qualify as one of the following:

A. U.S. military personnel and their authorized dependents (as defined by the Armed Services) during the period such personnel are stationed in Hawai‘i on active duty.

B. Members of the Hawai‘i National Guard or Hawai‘i-based Reserves.

C. Full-time employees of UH Manoa and their spouses and legal dependents (as defined under Internal Revenue Service rules).

D. East-West Center student grantees pursuing baccalaureate or advanced degrees.

E. Hawaiians, descendants of the aboriginal peoples that inhabited the Hawaiian Islands and exercised sovereignty in the Hawaiian Islands in 1778.

2. Citizens of an eligible Hawai‘i Pacific island district, commonwealth, territory, or insular jurisdiction, state, or nation which does not provide public institutions that grant baccalaureate degrees may be allowed to pay 150% of the resident tuition. These currently include the following: American Samoa, Commonwealth of the Northern Marianas, Cook Islands, Federated States of Micronesia, Futuna, Kiribati, Nauru, New Caledonia, Niue, Republic of Palau, Republic of Marshall Islands, Solomon Islands, Tokelau, Tonga, Tuvalu, Vanuatu, and Wallis.

Misrepresentation

A student or prospective student who provides incorrect information on any form or document intended for use in determining residency status for tuition purposes will be subject to the requirements and/or disciplinary measures provided for in the rules and regulations governing residency status.

Appeal Process

Residency decisions may be appealed by contacting the residency officer for information on how to initiate an appeal.

*The age of majority is 18 years. However, a person between the ages of 18 and 19, unless emancipated, cannot claim residency solely on the basis of himself or herself because he or she does not have the minimum 12 months residency, which commences on his or her 18th birthday. Therefore, the applicant must claim a portion of the required 12 months on the basis of his or her parents or legal guardian.