For which purpose were you trying to establish residency? There are various federal cases about different purposes (welfare, in state tuition, healthcare benefits, voting), and the requirements are not the same.
The law of the land for in state tuition is vlandis, which is an older case and doesn’t go into as much detail to positively prescribe what limits are acceptable (rather, it states an irrebuttable presumption against residency is forbidden).
The more recent Saenz (concerning welfare benefits) and less recent Memorial
Hospital (regarding healthcare) are probably more on this point here. In these cases, the court noted that welfare and emergency health services were critical to the life and wellbeing of an individual, and thus the residency restrictions in those cases infringed on the constitutional right of the claimants to free movement between the states. And thus, the states would need a compelling state interest to put on these statutes, and their reasons of avoiding fraud, safeguarding taxpayer money, etc. were insufficient.
So there’s a higher standard set by the law with respect to state’s residency restrictions on welfare/access to emergency health as opposed to tuition (where the standard is just there cannot be an irrebuttable presumption)
For which purpose were you trying to establish residency? There are various federal cases about different purposes (welfare, in state tuition, healthcare benefits, voting), and the requirements are not the same.
Tuition
The law of the land for in state tuition is vlandis, which is an older case and doesn’t go into as much detail to positively prescribe what limits are acceptable (rather, it states an irrebuttable presumption against residency is forbidden).
The more recent Saenz (concerning welfare benefits) and less recent Memorial Hospital (regarding healthcare) are probably more on this point here. In these cases, the court noted that welfare and emergency health services were critical to the life and wellbeing of an individual, and thus the residency restrictions in those cases infringed on the constitutional right of the claimants to free movement between the states. And thus, the states would need a compelling state interest to put on these statutes, and their reasons of avoiding fraud, safeguarding taxpayer money, etc. were insufficient.
So there’s a higher standard set by the law with respect to state’s residency restrictions on welfare/access to emergency health as opposed to tuition (where the standard is just there cannot be an irrebuttable presumption)