[Oacrao-l] In-State/Out-of-State Classification

[Dela Cruz, Jr., Jose]

Greetings!  First, I apologize for the novel to ensue that is policy interpretation, which is intended to serve as an interpretation pertaining to the current, unrevised Residence Status of Enrolled Students and the revised In-State/Out-of-State Status of Enrolled Students policies regarding the 3.17.8 Full-Time Professional Practitioner or Worker section.  I hope you find this policy interpretation fruitful as we transition into the new policy. 

 

As you are aware, the current, unrevised 3.17.8 policy states an individual who provides evidence of having come to Oklahoma to practice a profession on a full-time basis, conduct a business full time, or work on a full-time basis shall be immediately classified as in-state status along with the individual's spouse and dependents without the 12 month domiciliary requirement so long as they continue in such full-time employment capacity.  The revised 3.17.8 policy, effective system-wide fall 2011, adds "A U.S. citizen or Lawful Permanent Resident" to this policy; therefore, eliminating the eligibility of in-state classification for documented foreign nationals. 

 

Currently, by policy, documented foreign nationals are eligible for in-state classification, along with the individual's spouse and dependents (as described in the preceding paragraph), under the Full-Time Professional Practitioner or Worker section.  However, starting fall 2011 with the revised residence policy (unless the institution requested earlier implementation), to be eligible for in-state classification the individual must be a U.S. citizen or lawful permanent resident.

 

Based on questions received, I offer interpretations for the following: 1. How to classify documented foreign nationals admitted during summer 2011 and 2. Whether there is a need to reclassify existing and continuing documented foreign nationals admitted under the current, unrevised 3.17.8 policy prior to fall 2011.

 

1.	For the summer 2011 session, documented foreign nationals providing evidence of having come to Oklahoma to practice a profession on a full-time basis, conduct a business full time, or work on a full-time basis shall be immediately classified as in-state status along with the individual's spouse and dependents without the 12 month domiciliary requirement.  If there is a gap in the enrollment, necessitating him/her to be readmitted (as determined by the institution) then the student shall be readmitted under the revised 3.17.8 policy, which requires the individual to be a U.S. Citizen or lawful permanent resident.
2.	If a documented foreign national was admitted as in-state under 3.17.8 prior to fall 2011 and their enrollment and employment has been continuous and remains so, then they shall be continued as in-state so long as they remain continuously enrolled and continue in such full-time employment capacity or until such time that they establish residency as described in State Regents' policy.  In essence, these students, their spouse and dependents can be considered "grandfathered". 

 

NOTE:  For those documented foreign nationals admitted under 3.17.8 prior to fall 2011, it is advisable that they be contacted and informed that they may be readmitted as out-of-state if, at anytime, they fail to remain continuously enrolled and require being readmitted (as determined by the institution), or if they do not continue in such full-time employment capacity.  Having this documentation on record may help if this type of situation occurs.

 

 

Please do not hesitate in contacting me if you have any questions.

 

Cheers,

José       

 

_________________

Mr. José Dela Cruz

Coordinator - Academic Affairs Projects

 

Oklahoma State Regents for Higher Education

655 Research Parkway, Suite 200

Oklahoma City, Oklahoma 73104-3603

 

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