Residency Situation Forum

[TX_UH]

Residency Questions...

My situation:
I am graduating from the University of Houston this month and have a job offer in Memphis, TN as well as one in Houston as well. The offers are comparable in terms of compensation but I much prefer the experience the opportunity in Memphis will give me and am leaning that way. My contract in Memphis will be for 18 months, beginning in January 2013. I plan to begin law school, a couple of months after the completion of this contract, preferably in TX as I would like to practice law in TX. However, I realize by taking this job I might forfeit my in-state tuition rates at either U. Houston or U. Texas. Here are a few questions to focus your responses:

1) Is there any way I would be able to keep my residency in Texas while working in Memphis, as my family still lives in Texas?

2) If "no" to 1, would I be able to re-establish residency relatively easily after my work is complete to receive in-state tuition rates?

3) If "no" to 2, would going to law school in another state or Tennessee (given I will be a resident there) still leave me plenty of job opportunities in Texas?

[StylinNProfilin]

I'm not an expert on Texas residency, but I believe the answer to 1 and 2 is No. I think u have to have been living in Texas for a period of 12 months prior to starting law school.

As far as employment prospects in Texas, If u want to practice in Texas go to Texas/SMU/Houston. Any school in Tennessee/Other State is going to make life very difficult. Texas does seems to offer alot of scholarships to Out of State Applicants that makes tuition comparable to the in-state tutition number, so thats something to consider.

[saintsfan200]

Since, you have ties to Texas already, it may not be critical for you to go to LS in Texas. If you went to LS elsewhere, it would be important to spend at least one, and preferably both summers interning in Texas; however, if you go to a T14 this may be overlooked.

The other thing is your numbers will dictate merit aid. To the extent you have strong numbers, you won't be paying much anyway.

Vandy is private, so it doesn't have instate. Miss, Mem, Tenn probably aren't worth going to unless you're going for free or close to free. Not sure being in-state helps for that.

My initial thought was if you applied this year, and deferred, but I have no idea if that works.

[TX_UH]

Just thought about this...what exactly establishes "residency?"

If an undergrad student is going to school out-of-state but lives full-time and even works in his institutution's city, how does he still have residency in his home state? Is this distinction made according to the IRS and his dependency status on his parents Tax filings?
If so, could I not do the same? I have filed as independent before but could I change that back to "dependent" on my parents filings to establish residency?

I found this on another TLS forum:
TEXAS: Texas residency is determined by having spent the previous 12 months before attending UT domiciled in the state of Texas. If you are a dependent on your parents’ tax returns, then they must meet Texas residency requirements as well. Students are either determined to be residents or non-residents at the time their application to UT Law is submitted. If they wish to change this status during their time at UT, then they must submit the "Residency Core Questions." This questionnaire will be reviewed by a Residency Officer and then either approved or denied. If you are denied, the decision can be appealed by writing a letter explaining why you feel you ought to be considered a resident of Texas. Despite these opportunities for law students to gain Texas residency, UT's website does not publish statistics regarding how many petitioners are successful and conventional wisdom seems to be that gaining TX residency is not very easy unless you spend a year in Texas before attending law school. Texas residents benefit from the requirement that 65% of students at UT School of Law) must hail from the Lone Star state.

It seems to suggest some things regarding tax filings...
Does the bolded portion mean both parent and personal residency are required or that only one is needed?
(I have a feeling that I am grasping at straws in the latter option but would like some help overcoming my bias if this is the case)

Also, StylinNProfilin, where did you get this info?
"Texas does seems to offer alot of scholarships to Out of State Applicants that makes tuition comparable to the in-state tutition number"

[bgood2texas]

If you're a contract employee and not a salaried employee, then you are still viewed as a resident. Teach For America is an example of a contract employer.

[dextermorgan]

http://bealonghorn.utexas.edu/residency

[unc0mm0n1]

If you're a contract employee and not a salaried employee, then you are still viewed as a resident. Teach For America is an example of a contract employer.

This is correct, it's the same for the military.

[twinkletoes16]

Shit, is California like this too? I have a job elsewhere but I'm leaving for sure for law school. Have a California drivers license and my parents live in California and they claim me as a dependent.

[TX_UH]

If you're a contract employee and not a salaried employee, then you are still viewed as a resident. Teach For America is an example of a contract employer.

This is correct, it's the same for the military.

Just to be clear, are you still viewed as a resident of the home state or the employment state?

[bgood2texas]

If you're a contract employee and not a salaried employee, then you are still viewed as a resident. Teach For America is an example of a contract employer.

This is correct, it's the same for the military.

Just to be clear, are you still viewed as a resident of the home state or the employment state?

Home state.

[StylinNProfilin]

"Texas does seems to offer alot of scholarships to Out of State Applicants that makes tuition comparable to the in-state tutition number"

From Law School Numbers and past years UT Acceptance Threads
http://www.top-law-schools.com/forums/v ... &start=200

[ScottRiqui]

If you're a contract employee and not a salaried employee, then you are still viewed as a resident. Teach For America is an example of a contract employer.

This is correct, it's the same for the military.

Just to be clear, are you still viewed as a resident of the home state or the employment state?

Home state.

For the military, the answer is actually "it depends". If you were a Texas resident when you joined the military, then you can keep your Texas residency for your entire military career if you wish to, no matter where you're stationed. BUT, you also have the option of changing your residency to the state where you're currently stationed. At that point, you can't change it back to Texas unless you're later stationed in Texas.

I'm dealing with this issue now - I joined from Texas, but changed my residency to Virginia in order to help my wife get in-state tuition when she went back to school. So when I retire next year and move back to Texas, I'm going to have to re-establish Texas residency. It won't make a difference in tuition, since military veterans attending school in Texas under the GI Bill automatically qualify for in-state tuition with no residency requirement. But it does mean that I'll be applying to UT as an out-of-state applicant.

[cinephile]

I'm not sure that residency is viewed the same way by the state and by the school. For example, I applied to two public schools in Ohio and one considered me a resident and the other didn't. So I have to assume the schools have their own criteria.

[ScottRiqui]

I'm not sure that residency is viewed the same way by the state and by the school. For example, I applied to two public schools in Ohio and one considered me a resident and the other didn't. So I have to assume the schools have their own criteria.

Good point - I was talking about "residency" in the government sense (i.e., where do you pay income taxes, if at all). Texas has the "Core Residency Requirements" Bulletin that has a checklist, including stuff like "did you graduate high school in Texas", and "did you live in Texas for the three years prior to high school graduation", and "is Texas your military 'home of record'" that might allow you to be considered a "Texas Resident" for school application purposes, even if you currently file your taxes with a different state.

[unc0mm0n1]

This is correct, it's the same for the military.

Just to be clear, are you still viewed as a resident of the home state or the employment state?

Home state.

For the military, the answer is actually "it depends". If you were a Texas resident when you joined the military, then you can keep your Texas residency for your entire military career if you wish to, no matter where you're stationed. BUT, you also have the option of changing your residency to the state where you're currently stationed. At that point, you can't change it back to Texas unless you're later stationed in Texas.

I'm dealing with this issue now - I joined from Texas, but changed my residency to Virginia in order to help my wife get in-state tuition when she went back to school. So when I retire next year and move back to Texas, I'm going to have to re-establish Texas residency. It won't make a difference in tuition, since military veterans attending school in Texas under the GI Bill automatically qualify for in-state tuition with no residency requirement. But it does mean that I'll be applying to UT as an out-of-state applicant.

So it doesn't really depend. If you don't actively attempt to change your residency it doesn't change. Clearly if you try to change your residency that would muddy up the situation but that wasn't the question. The guy wanted to know if he would lose his residency if he went and worked in another state. If he was working in the military he would not.

[ScottRiqui]

So it doesn't really depend. If you don't actively attempt to change your residency it doesn't change. Clearly if you try to change your residency that would muddy up the situation but that wasn't the question. The guy wanted to know if he would lose his residency if he went and worked in another state. If he was working in the military he would not.

I just wanted to make it clear that it's not just a "home state"/"working state" issue. He said that he's going to school away from his home state, working while there, and that he's filed taxes as an independent filer in the past. How he filed his taxes while working away from home might have an effect on his residency upon his return to his home state, so it's worth thinking about.

ETA - I've confused some elements of the OP's situation with the hypothetical situation he posed in a later post. Since he hasn't yet left Texas, he'll have no problem maintaining Texas residency, as long as he lists himself as a Texas resident on his federal taxes while he's gone, and he makes sure that his employer doesn't withhold Tennessee state income taxes.

[TX_UH]

OP here...

I do know that, for taxing and voting purposes, "residency" are considered separate from the academic residency...

Also, thanks for the insight so far. To take this even further, I noticed there seemed to be some confusion about my situation...what aspect needs to be clarified?

[ScottRiqui]

OP here...

I do know that, for taxing and voting purposes, "residency" are considered separate from the academic residency...

Also, thanks for the insight so far. To take this even further, I noticed there seemed to be some confusion about my situation...what aspect needs to be clarified?

I'm good now, thanks. What happened was I mixed up your actual situation (still in Texas, haven't left yet) with the hypothetical in your later post (student is already away from home state and working, and possibly already paying taxes away from home state.)


And you're correct that voting/taxation "residency" is separate from academic residency, but the former can affect the latter. While not a requirement, being a taxation/voting "resident" of a particular state can make it easier to be considered a resident of that same state for academic purposes.

[TX_UH]

Oh. My fault. Sorry for the confusion.

For practical purposes:

What needs to be included in my contract to keep my residency in Texas then?
...and who should I consult to make sure it is correct? (I.e. UT/UH admissions officials, specialized lawyer, etc.)