accepted with potentially misleading 'state of legal residence'

[labrat21]

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[ulikedaggers]

I don't think you have anything to worry about. It's not like you're using an address of a friend or something just to apply as a NY resident.

There are probably many of you that work in MA/NJ, but apply as NY residents.

 

[Winged Scapula]

It's fine. incoming medical students all of United States do the very same thing where they maintain a legal residence at their parents house while away for college.

 

[colbgw02]

It's fine. incoming medical students all of United States do the very same thing where they maintain a legal residence at their parents house while away for college.

I agree that the OP will likely be okay, but not for this reason. College students matriculating to medical school is not analogous to the OP's situation. The OP moved to Mass. and established a household with full-time employment, which is not the same as a full-time student who has moved to a state for the express purpose of attending a specific school.

For clarity's sake, the legal concept that we're discussing is best called 'domicile'. It's nebulous because there is no recognized standard for when it's established. It's even more murky because it frequently becomes an issue only when one state believes it is owed taxes that were paid to another state, which is rare. However, in your case, moving to Mass. as a non-student with full-time employment is an overt act that demonstrates your intent (at least short-term) to live in that state.

I'm not that familiar with Mass., so what do you mean when you say that it takes 5 years to establish residency there? Having lived all over, all states with which I'm familiar require you to 'establish domicile' rather quickly, meaning you are supposed to register your cars, get a driver's license, etc., in your new state. I'm wondering if the 5-year thing is that Mass. will not grant you in-state tuition unless you've been a resident for 5 years. This is a relatively common tactic to keep people from gaming the system, but it's not the same as the state claiming that you are not yet its resident.

When you filed your state income tax return with Mass., did you do so as a non-resident? You probably shouldn't have because - again - for legal purposes you should have been considered a resident of MA. If you were trying to maintain your NY residency, then you should have filed in MA and in NY. Most states will credit you for the taxes you've paid elsewhere for work performed elsewhere, but I'm not familiar with the specifics of NY State's tax code.

The reason you'll probably be fine is because the people at your NYS medical school probably aren't savvy enough to 1) understand these concepts, 2) uncover the specifics of your situation, and 3) care enough to deny you in-state tuition. It helps that you have a long-standing history in NY and an in-state address, which helps explain why they'll never figure it out. It would help you to register to vote in NY, if you haven't already done so.

BTW, states don't issue passports, so that's not relevant.

 

[Winged Scapula]

I agree that the OP will likely be okay, but not for this reason. College students matriculating to medical school is not analogous to the OP's situation. The OP moved to Mass. and established a household with full-time employment, which is not the same as a full-time student who has moved to a state for the express purpose of attending a specific school.

For clarity's sake, the legal concept that we're discussing is best called 'domicile'. It's nebulous because there is no recognized standard for when it's established. It's even more murky because it frequently becomes an issue only when one state believes it is owed taxes that were paid to another state, which is rare. However, in your case, moving to Mass. as a non-student with full-time employment is an overt act that demonstrates your intent (at least short-term) to live in that state.

I'm not that familiar with Mass., so what do you mean when you say that it takes 5 years to establish residency there? Having lived all over, all states with which I'm familiar require you to 'establish domicile' rather quickly, meaning you are supposed to register your cars, get a driver's license, etc., in your new state. I'm wondering if the 5-year thing is that Mass. will not grant you in-state tuition unless you've been a resident for 5 years. This is a relatively common tactic to keep people from gaming the system, but it's not the same as the state claiming that you are not yet its resident.

When you filed your state income tax return with Mass., did you do so as a non-resident? You probably shouldn't have because - again - for legal purposes you should have been considered a resident of MA. If you were trying to maintain your NY residency, then you should have filed in MA and in NY. Most states will credit you for the taxes you've paid elsewhere for work performed elsewhere, but I'm not familiar with the specifics of NY State's tax code.

The reason you'll probably be fine is because the people at your NYS medical school probably aren't savvy enough to 1) understand these concepts, 2) uncover the specifics of your situation, and 3) care enough to deny you in-state tuition. It helps that you have a long-standing history in NY and an in-state address, which helps explain why they'll never figure it out. It would help you to register to vote in NY, if you haven't already done so.

BTW, states don't issue passports, so that's not relevant.

Thanks for the clarification. I honestly didn't catch that he had moved to Massachusetts for employment I thought he was a student there.

 

[ghostman]

Similar, but not the same situation. I'm from NY, but went to MA to complete my postbacc (2yrs in MA). My postbacc advisor told me not to lose my valuable NYS residence since MA has that 5-year requirement for in-state tuition. I rented a place in MA, but never worked there. I filed NY taxes.

My application was flagged by the SUNY med schools due to "ambiguity" with my residency. I was able to provide my NYS drivers license and 2 years of state and federal tax returns. After submitting the documents, my NYS residency was accepted.

So, yes, the SUNYs may catch it. They will require some of the supporting documents (contact your school for specifics):

1. Duration of physical presence in NY.
2. State of residency of the student's family.
3. NY State voter registration.
4. NY State driver's license or non-driver identification.
5. NY State motor vehicle registration.
6. NY State real property ownership.
7. NY State residential rental lease.
8. NY State income tax returns.

I think if you have at least 3 of these, you should be fine. But that's probably specific to your school.

 

[throw away]

I would contact the school and explain the situation. Every state has different requirements for being considered "in state". Some say specifically that you can be considered "in state" if you were living in another state for school but not for work. Better to get clarification from the school and not risk having issues with financial aid late in the game.