California Residents
Generally, California residency status is established by one of the following conditions:
- If the applicant is under the age of 18, his/her parents must have resided within the state of California for 12 consecutive months with the intent to stay preceding the first day of the semester.
- If the applicant is 18 but not yet 19 years of age, both the applicant and the applicant's parents must have resided within the state of California for 12 consecutive months with the intent to stay preceding the first day of the semester.
- If the applicant is 19 years or older, the applicant must have resided within the state of California for 12 consecutive months with the intent to stay preceding the first day of the semester.
- Active duty military students stationed outside California that maintain their California residency are California residents for enrollment purposes.
Non-California Residents
- Students who are not residents of the state of California as of the day immediately preceding the first day of classes in any given semester will be required to pay out-of-state tuition fees.
- Active duty military and their dependents stationed in California are treated as California residents for enrollment purposes.
- Minors (under 18 years of age and not married) will be required to pay the out-of-state tuition fees if their parents or legal guardian reside outside the state even though such minors may have lived in the state of California for one year or more. Non-residents who wish to become residents of California must reside in the state for one year and one day prior to the beginning of the semester and show evidence of the intent to establish residency during the same time (e.g. a filed CA state income tax form, a driver's license valid for the past year plus one day).
Assembly Bill 2210
Recent legislation, AB 2210 (2018, McCarty), added section 68075.65 to the Education Code, requiring each community college to post on its Internet Web site a notice that sets forth which persons are exempt from paying nonresident tuition pursuant to Section 68075.6.
The Chancellor's Office has developed the following language which may be posted to community college websites to comply with the requirements set forth in AB 2210:
Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa {SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted for one year from the date the student settled in California upon entering the United States.
This exemption applies to the following:
- Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq (Pub.L.No.110-181, 1244
- Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub.L. No. 109- 163, 1059)
- Afghanistan nationals who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan (Pub.L. No. 111-8, § 602)
- Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code
Change of Residence Status
- To change residency status to California resident, a student must show physical presence in California with the intent to stay in California for one year and one day preceding the first day of the semester.
- A residency determination form with at least two forms of documentation must be submitted
to the Admissions and Records office to begin review of residency status. The documents
must support
-
Physical Presence in California
- Student/parent (as applicable) must have documentation of physical presence in California one year preceding the first day of the semester.
- Student leaving California temporary for educational purposes must show that California was claimed as residency at institution attended
- Student does not have conduct inconsistent with a claim of California residency. (see below)
- NOTE: Physical presence within California solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.
-
Intent to stay in California
In addition to physical presence in California for one year preceding the semester, a student must show they intended to make California the home for other than temporary purposes for one year preceding the semester. At least two documents will be required to review your request for residency. Examples of showing intention to stay are:- Obtaining a California driver's license one year preceding semester
- Possessing California motor vehicle license plates
- Registering to vote in California one year preceding semester
- Paying California taxes as a California resident for the entire year
- Rental agreement/ house payment for one year preceding the semester
-
Physical Presence in California
Conduct inconsistent with a claim of California residence includes:
- Keeping an out-of-state driver's license
- Attending an out-of-state institution as a resident of that other state
- Being the petitioner for a divorce in another state
- Declaring non-residence for state income tax purposes
- Living in another state between school semesters
- Being a registered voter in another state
- Employment in another state using that state for income tax purposes
NOTE: Additional documentation may be requested upon review.
A residency determination form must be completed and submitted to the Office of Admissions and Records when registering for the semester following eligibility.
