Definition of Hawaii Residency
Applicants who are residents of the State of Hawaii will be requested to prove Hawaii residency using the following criteria:
- A participant is deemed a resident of the State of Hawaii for tuition purposes if the participant (19 or older) or the participant (under 19) and his/her parents or legal guardians have:
- Demonstrated intent to reside permanently in Hawaii (see below for indicia);
- Been physically present in Hawaii for the 12 consecutive months prior to the first day of instruction, and subsequent to the demonstration of intent to make Hawaii his/her legal residency; and
- The participant, whether adult or minor, has not been claimed as a dependent for tax purposes for at least 12 consecutive months prior to the first day of instruction by his/her parents or legal guardians who are not legal residents of Hawaii. To demonstrate the intent to make Hawaii your legal residence, the following indicia apply:
- Voting/registering to vote in the State of Hawaii.
- Filing Hawaii resident personal income tax.
- Other indicia, such as permanent employment and ownership or continuous leasing of a dwelling in Hawaii, may apply, but no single item is sufficient to establish residency in the State of Hawaii.
- Other legal factors involved in making a residency determination include:
- The 12 months of continuous residence in Hawaii shall begin on the date upon which the first overt action (see indicia above) is taken to make Hawaii the permanent residence. While residence will be lost if it is interrupted during the 12 months immediately preceding the first day of instruction, resident status derived from two or more successive sources may be tacked together to compute the 12 month period.
- Residency in Hawaii and residency in another place cannot be held simultaneously.
- Presence in Hawaii primarily to attend an institution of higher learning does not create resident status.
- The residency of unmarried participants who are minors follows that of the parents or legal guardians. Marriage emancipates a minor.
- The residency of a married person may follow that of the spouse.
- Resident status, once acquired, will be lost by future voluntary action of the resident inconsistent with such status. However, Hawaii 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 participant at any institution of learning.
To assist in determining your residency status, please review the Hawaii Residency Checklist.