An independent student who was initially classified as a nonresident may be eligible for reclassification as a Montana resident if the student has permanently moved to Montana and can document that Montana has become their true, fixed, and permanent home (domicile). The student must apply and provide supporting documentation.

For full details, refer to Montana Board of Regents Residency Policy 940.1 and the Guide to Montana Residency Policy. These documents outline the standards, definitions, and evidence required to determine residency, and residency decisions are based on the specific facts of each case.

Criteria for Establishing Montana Residency

  • The student must show they have lived in Montana and made it their permanent home (domicile) for 12 consecutive months before the semester in which in-state status is requested.
  • Temporary residence (such as moving here just for school) does not count.
  • Conduct that is disqualifying for purposes of in-state status includes but is not limited to attending an out-of-state school as a resident of the state in which the school is located, paying taxes in another state as a resident of that state, maintaining an out-of-state driver’s license or identification card, or maintaining voter registration in another state.

Required Documents (checklist)

✅ Residency Questionnaire

✅ Identification

  • Montana Driver’s License or State ID

    • If you have an out-of-state license or ID, you must obtain a Montana-issued license or ID before the 12-month period begins.

    • Submitted copy must show the current issue date and, if different, the original issue date.

    • Driver licenses and state ID cards are issued through the Montana Motor Vehicle Division (MVD).

✅ Voter Registration

  • Montana Certificate of Voter Registration

    • If you are registered to vote in a former state of residence, you must register to vote in Montana before the 12-month period begins.
    • Submitted copy must show the issue date. The issue date is not displayed on voter registration cards or in the Montana Secretary of State’s My Voter Page system.
    • Proof must be obtained directly from the County Election Office.

✅ Vehicle Registration

  • Montana Vehicle Registration

    • If you own or operate a vehicle in Montana the vehicle must be registered in the state before the 12-month period begins.
    • Obtain proof of registration from the County Treasurer's Office.

✅ Employment & Financial

  • Year-to-Date Paystub(s) – copies of the most recent paystubs from all jobs held during the current year, showing year-to-date gross earnings.

  • Montana Tax Return(s) – most recent Montana resident state tax return.

    • All required state returns must be filed for any taxable income earned while claiming Montana residency.

    • For help, contact the Montana Department of Revenue at (406) 444-6900.

✅ Required for Independent Petitions

  • Financial Aid Award Letter – for each semester during the 12-month residency period. This document shows what aid was offered and what aid was accepted. The Award Letter can be downloaded from the bottom of the Awards page in MyInfo. If you did not complete the FAFSA, please state that clearly in your petition.

  • Tax Exemption Affidavit – if the student is under 24 years old during the residency year, or was claimed as a dependent on a parent/legal guardian's most recent federal tax return, a Tax Exemption Affidavit is required. All parents/legal guardians must sign the affidavit in front of a notary.

✅Other Possible Supporting Documents

  • Affidavit of Intent – used only for documented exceptional circumstances such as escaping domestic violence or remaining in Montana when a parent relocates. Filing does not guarantee resident classification.

  • Employment Affidavit – if the student moved to Montana primarily for full-time, permanent employment.

    • Acceptable supporting documentation may include a letter from the employer confirming relocation or transfer.

  • Home Ownership – property deed or tax statement.

A petition is not complete until all required documents are received for both the student and parent(s)/legal guardian(s). Additional documentation may be requested on a case-by-case basis.

Presumptions

You may be presumed to be a nonresident if, during the 12-month period, you:

  • Register for more than 7 credit hours in a semester

  • Leave Montana for more than 30 days total

  • Accept an Academic Achievement Award or Western Undergraduate Exchange (WUE) Scholarship

A presumption can be overcome with clear and convincing evidence, which is evidence in which there is no serious or substantial doubt about the correctness of the conclusions drawn from the evidence.

Deadlines

Residency petitions must be submitted during these windows:

  • Spring Semester: November 1 – December 15
  • Summer Semester: April 1 – June 1
  • Fall Semester: June 1 – August 1

Late petitions are not guaranteed to be reviewed for the current semester. If your petition is submitted after the deadline, you must include a written statement explaining the circumstances that prevented timely submission. This explanation will be considered by the Residency Committee during their review.

Appeals

If your petition is denied:

  1. You may appeal in writing within 14 days of the committee’s decision to the MSU–Bozeman Residency Committee.
  2. If denied again, you may submit a second appeal to the Office of the Commissioner of Higher Education within 14 days of the campus decision.
  3. Appeals must include an appeal letter and any supporting documents.

Submit appeal materials to:

Veronica Jordan – veronica.jordan@montana.edu. She will forward your appeal packet for review.

Privacy (FERPA)

All residency petitions and decisions are considered student education records under the Family Educational Rights and Privacy Act (FERPA).

  • Staff cannot share details with parents, guardians, or others without the student’s written consent.
  • Montana law provides additional restrictions for dependent student records.

Disclaimer

This guide is for informational purposes only. Because residency is complex and depends on the ability of a student to document their situation, we will not make a residency decision without reviewing a fully completed questionnaire and supporting documentation. Submitting all required documents helps to paint a complete picture but does not guarantee approval. Final residency determinations are made according to the Montana Board of Regents’ Residency Policy (Policy 940.1).