State of residence (TX) with gap years

[aggronor]

Hi all, I graduated in May 2011 and am taking two gap years. I will be applying this coming summer. I have a couple of questions about my state of residence. I'm from Texas, and I went to school in North Carolina, where I currently am working as a research technician. Obviously Texas has a bevy of public medical schools, so it'd be nice to qualify as a resident.

The criteria for Texas state residency are described here. I will not have lived in Texas for the 12 months before the deadline (option 1), and I am working and earning a salary (about $29k/yr), so my parents cannot claim me as a dependent (option 2). So...

1. Am I correct in thinking I will not be able to qualify as a Texas resident? It seems like tons of people earn a salary during their gap years working in labs out of state or at the NIH and end up going back to their home states for med school. Do their home states just have more lenient requirements or something?

2. Would I possibly have an advantage over other out-of-staters given that Texas is my home state (so I'm more likely to stay there after med school)?

Thanks!

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[William Hart]

Hi all, I graduated in May 2011 and am taking two gap years. I will be applying this coming summer. I have a couple of questions about my state of residence. I'm from Texas, and I went to school in North Carolina, where I currently am working as a research technician. Obviously Texas has a bevy of public medical schools, so it'd be nice to qualify as a resident.

The criteria for Texas state residency are described here. I will not have lived in Texas for the 12 months before the deadline (option 1), and I am working and earning a salary (about $29k/yr), so my parents cannot claim me as a dependent (option 2). So...

1. Am I correct in thinking I will not be able to qualify as a Texas resident? It seems like tons of people earn a salary during their gap years working in labs out of state or at the NIH and end up going back to their home states for med school. Do their home states just have more lenient requirements or something?

2. Would I possibly have an advantage over other out-of-staters given that Texas is my home state (so I'm more likely to stay there after med school)?

Thanks!

This is my opinion on reading the actual rules because I was strongly considering seeking temporary employment out of state. I ended up not doing so, so I didn't test it out.

The residency rule definitions state that -

"Temporary absence--Absence from the State of Texas by a person who has established domicile in the state, with the intention to return, generally for a period of less than five years. For example, the temporary absence of a person or a dependent's parent from the state for the purpose of service in the U.S. Armed Forces, U.S. Public Health Service, U.S. Department of Defense, U.S. Department of State, as a result of an employment assignment, or for educational purposes, shall not affect a person's ability to continue to claim that Texas is his or her domicile."

Temporary absences do not affect your ability to claim your domicile in Texas. Now proving you have a domicile in Texas is what you have to do.

"Domicile--A person's principal, permanent residence to which the person intends to return after any temporary absence."

So you have to intend to return to Texas after temporarily having employment...or is your job maybe an educational opportunity? Internship...etc

So since you graduated from HS in Texas, intend to return to Texas after less than 2 years - you should actually be able to legitamentaly check "yes" where it asks "have you maintained a residence continuously in the state for the 12 months preceding."

I imagine it would strengthen this assertion if you continued to exclusively use your Texas DL and continued to use your Texas address for official paperwork.

quotes from Texas Administrative Code
TITLE 19EDUCATION PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD CHAPTER 21STUDENT SERVICES SUBCHAPTER BDETERMINATION OF RESIDENT STATUS

 

[armybound]

I was living and working in Tennessee at the time of my application (for over a year) and was still considered a Texas resident because I was in Tennessee because my wife was in school.

TMDSAS was very understanding and actually called me to discuss my residency status. I'm sure they could talk to you about your situation when it comes time to apply.

Because you've been out of school and working, they may not allow you to claim Texas residency. What kept you from moving back after graduating?

 

[Doc2doc2]

I personally know someone who worked for a year out of state soon after graduating from an out of state school. Although his car was registered in Texas and his permanent address was in Texas he was unable to apply as a resident. TMDSAS explained that taking a salary at the out of state job was the deal breaker. He had to move back home the year prior to re-applying to get acceptance.
Your best move would be to contact TMDSAS directly and explain your situation to receive the most accurate information.

 

[Jennet]

This is my opinion on reading the actual rules because I was strongly considering seeking temporary employment out of state. I ended up not doing so, so I didn't test it out.

The residency rule definitions state that -

"Temporary absence--Absence from the State of Texas by a person who has established domicile in the state, with the intention to return, generally for a period of less than five years. For example, the temporary absence of a person or a dependent's parent from the state for the purpose of service in the U.S. Armed Forces, U.S. Public Health Service, U.S. Department of Defense, U.S. Department of State, as a result of an employment assignment, or for educational purposes, shall not affect a person's ability to continue to claim that Texas is his or her domicile."

Temporary absences do not affect your ability to claim your domicile in Texas. Now proving you have a domicile in Texas is what you have to do.

"Domicile--A person's principal, permanent residence to which the person intends to return after any temporary absence."

So you have to intend to return to Texas after temporarily having employment...or is your job maybe an educational opportunity? Internship...etc

So since you graduated from HS in Texas, intend to return to Texas after less than 2 years - you should actually be able to legitamentaly check "yes" where it asks "have you maintained a residence continuously in the state for the 12 months preceding."

I imagine it would strengthen this assertion if you continued to exclusively use your Texas DL and continued to use your Texas address for official paperwork.

quotes from Texas Administrative Code
TITLE 19EDUCATION PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD CHAPTER 21STUDENT SERVICES SUBCHAPTER BDETERMINATION OF RESIDENT STATUS

This.

I am a Texas resident and attending a two year post- bacc program OOS. In order to maintain my residency I established a domicile (thanks family), filed the address as my permanent address with the postal service, and kept my Texas driver's license. I also plan to vote in Texas during the election. This will serve to prove my residency come application time as my absence is purely for academic reasons. You can fill out mail forwarding forms online so I'd recommend starting there.

 

[aggronor]

I was living and working in Tennessee at the time of my application (for over a year) and was still considered a Texas resident because I was in Tennessee because my wife was in school.

TMDSAS was very understanding and actually called me to discuss my residency status. I'm sure they could talk to you about your situation when it comes time to apply.

Because you've been out of school and working, they may not allow you to claim Texas residency. What kept you from moving back after graduating?

Technically, nothing. I just happened to find a job locally that was a great fit for me, and I wasn't getting any hits on the positions in Texas that I applied to, so I decided to play it safe and stay in NC.