Residency Question

C

Corny357

Well-Known Member
Going to apply for in-state residency here shortly, but I had a question: What the heck is stopping me from getting the ND license and the fishing license and whatever, applying for residency at the business office, getting it successfully, then switching my license back to my home state? I mean, they only check once and then you have the residency, right? Am I missing something here?
 
TO be considered a resident I think you have to live in that state for at least 6 months (if not more). Not too sure. Just my $0.02.
 
Corny357 said:
What the heck is stopping me from getting the ND license and the fishing license and whatever, applying for residency at the business office, getting it successfully, then switching my license back to my home state?
Click to expand...

North Dakota Century Code:

39-06-01

A person, unless expressly exempted in this section, may not drive any motor
vehicle on a highway or on public or private areas to which the public has a right of
access for vehicular use in this state unless the person has a valid license as an
operator under the provisions of this chapter or a temporary operator's permit issued
under chapter 39-20. A person may not receive an operator's license unless and
until that person surrenders to the director all operator's licenses issued to the
person by any jurisdiction. When a license issued by another jurisdiction is
surrendered, the director shall notify the issuing jurisdiction of its surrender. A
person may not have more than one valid operator's license at any time.

and

54-01-26

Every person has in law a residence. In
determining the place of residence, the following rules must be observed:

7. The residence can be changed only by the union of act and intent.

Legal residence in the State of North Dakota includes, but is not necessarily limited to the following responsibilities and rights:
a. To vote in general or special elections in the State after 30 days of residence in the precinct (and assuming U.S. citizenship). See NDCC Section 16-01-03
b. To obtain a North Dakota driver's license before operating any motor vehicle in this State after more than 60 days of residency. See NDCC Section 39-06-02
c. To obtain a North Dakota license for any motor vehicle owned or operated after beginning residency in this
State. See NDCC Section 39-04-18
d. To file a North Dakota resident's income tax return with the State Tax Department reporting any income derived from within this State. See NDCC Sections 57-38-01-(10) and 57-38-31
e. To obtain a North Dakota resident game or fishing license after 6 months of residency in the State. See NDCC Sections 20.1-01-02(4) and 20.1-03-05

By switching back to your old license, you would not show the act and intent to become a resident.

Reference: http://www.legis.nd.gov/assembly/60-2007/docs/pdf/99101.pdf
 
In order to be eligible for in-state tuition you need to have three things met: ND Driver's license, resident for at least a year, and pay ND state taxes from a job. If you have a car registered in another state don't put it down when you fill out the form, so just act like you don't have one, even if you met the other requirements. ND is like one of the only states in the country where non-residents can get in-state tuition within a year. Most states it's at least 5 years and they have closed all the loopholes you can possible think of. ND does it because for the longest time it was losing its population and people were moving out of the state. I wouldn't switch your driver's license after you get in-state until at least you graduate because it would be considered fraud if they ever connected the dots.
 
All I had when I got residency last fall was: Proof of residency for one year, ND driver's license, and fishing license. I will probably switch my driver's license back to IL once I graduate.
 
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