View complete administrative rule - Determination of Residency as Applied to Tuition Payments and Admission [PDF]
Students, other than statutory exempt individuals, who do not qualify as bona fide residents of the State of Hawaiʻi according to the University of Hawaiʻi Rules and Regulations in effect at the time they register, must pay non-resident tuition. An official determination of residency status will be made at the time of application. Applicants may be required to provide documentation to verify residency status. A nonresident application fee of $25 is required at the time of application.
Once classified as a non-resident, students continue to be so classified during their term at the College until they can present satisfactory evidence to the Residency Officer that proves otherwise. Some of the more pertinent University Residency Regulations follow. For additional information or interpretation, contact the Registrar at Honolulu Community College, Building 6, 845-9120.
Definition Of Hawaiʻi Residency
For tuition purposes, students are deemed residents of the State of Hawaiʻi if they (or their parents or legal guardians, for students under 18) have:
- Demonstrated intent to permanently reside in Hawaiʻi (see the following for indicia);
- Been physically present in Hawaiʻi for 12 consecutive months prior to the first day of instruction, and subsequent to that demonstration of intent to make Hawaiʻi their legal residence; and,
- Not been claimed as a dependent for tax purposes by their parents or legal guardians who are not legal residents of Hawaiʻi.
To demonstrate the intent to make Hawaiʻi your legal residence, the following indicia apply:
- Voting or registering to vote in the State of Hawaiʻi.
- Filing a Hawaiʻi Resident State Personal Income Tax Return.
Other indicia, such as permanent employment or the leasing of a dwelling in Hawaiʻi may apply, but no single act is sufficient to establish residency in the State of Hawaiʻi.
Other legal factors involved in making a residency determination include that:
- The twelve months of continuous residence in Hawaiʻi shall begin on the date upon which the first overt action (see indicia above) is made to make Hawaiʻi one's permanent residence. For Permanent Residents (green card holders) the twelve months begins on the date on which the Permanent Residency status was granted by Immigration.
- Residency in Hawaiʻi and residency in another place cannot be held simultaneously.
- Presence in Hawaiʻi primarily to attend an institution of higher learning does not create resident status. Continued presence in Hawaiʻi during vacation periods and occasional periods of interruption of the course of study does not itself overcome this presumption.
- The residency of unmarried students who are minors follows that of the parents or of the legal guardian. Marriage emancipates a minor.
- Resident status, once acquired, will be lost by future voluntary action of the resident inconsistent with such status. However, Hawaiʻi residency will not be lost solely because of absence from the State while a member of the United States Armed Forces, while engaged in navigation, or while a student at any institution of learning.
These considerations do not exhaust all of the factors that affect the determination of residency. For more information, consult the "Rules and Regulations Governing Determination of Residency as Applied to Tuition Payments and Admission at All Institutions Under the Jurisdiction of the Board of Regents of the University of Hawaiʻi."
Once classified as a non-resident, a student continues in this status at Honolulu CC until submitting satisfactory evidence to the Admissions Office that proves otherwise. Non-resident students who enter any campus of the University of Hawaiʻi may not be allowed to change his/her residency status from non-resident to resident during any period in which he/she:
- Enrolled for 6 credits or more at any higher education institution(s) in Hawaiʻi;
- Was absent from Hawaiʻi for more than 30 days per year during school vacation periods;
- Received student financial assistance based on residency in another state; or
- Was a dependent of nonresident parent(s) or legal guardian.
The maximum number of non-resident students that can be accepted by the College is limited by Board of Regents policy. Students classified as non-residents are required to pay non-resident tuition.
Non-residents may be allowed to pay resident tuition if they qualify as one of the following:
1. Members of the Hawaiʻi National Guard or Hawaiʻi-based Reserves. (A non-resident application fee of $25 is required at the time of application.)
2. United States military personnel and their authorized dependents (as defined by the Armed Services) during the period such personnel are stationed in Hawaiʻi on active duty.
3. Full-time employees of the University of Hawaiʻi and their spouses and legal dependents (as defined under Internal Revenue Service rules).
4. East-West Center student grantees pursuing baccalaureate or advanced degrees.
5. Hawaiians, descendents of the aboriginal peoples that inhabited the Hawaiian Islands and exercised sovereignty in the Hawaiian Islands in 1778. (A non-resident application fee of $25 is required at the time of application.)
Persons who are citizens of any Pacific Island or Asian district, Commonwealth, Territory, or Insular Jurisdiction, State, or Nation which does not provide public institutions of higher learning are eligible to pay 150% of the resident tuition rate. These currently include the following:
- American Samoa Republic of Belau
- Commonwealth of the Northern Marianas Republic of the Marshall Islands
- Cook Islands Solomon Islands
- Easter Island
- Federated States of Micronesia
- Futuna Tonga
- Kiribati Tuvalu
- Nauru Vanuatu
- New Caledonia Wallis
Misrepresentation: A student or prospective student who intentionally or willfully misrepresents any fact on any form or document intended for use in determination of residency status for tuition purposes will be subject to the regular disciplinary measures of the University of Hawaiʻi.
Appeal Process: Residency decisions may be appealed by submission of The Residency Classification form and any supporting documentation by the deadline. Students desiring to initiate a residency appeal should contact the Residency Officer (HonCC Registrar) for more information on the appeal process, applicable tuition payments, and deadlines. Appeals are heard by the Residency Appeal Board.