Establishing California Residency

Information and Resources

Legal Requirements

California state law requires that each student enrolled in or applying for admission to a California community college provide information and evidence to determine his/her residence classification for tuition purposes. The guidelines below will help you determine if you are a California resident for purposes of attending a California community college.

To qualify as a resident, the student must meet the following requirements:

  1. Must have been physically present in California
  2. Must have taken steps to make California his/her sole state of residence as of one year and one day prior to the first day of the semester for which the student is being admitted.

If the student was born outside of the United States, he/she must have met the above mentioned requirements, along with INS documentation that is dated at least one year and one day before the first day of classes for the semester he/she plans to attend.

Non-U.S. citizens will be evaluated for residency based on immigration status as permanent residents or on the type of visa held, length of stay in California , and intent to maintain California as a permanent home . Students on B, C, D, F, H-2, H-3, J, M, O-2, P, or Q visas and students not in the United States legally are precluded from establishing residency.

If the student is under 19 years of age, residency may be derived from his/her parent or legal guardian.

 

NONRESIDENT TUITION EXEMPTIONS for REFUGEES and SPECIAL IMMIGRANT VISA HOLDERS

In 2017, the California Legislature also enacted Assembly Bill 343, which establishes a new exemption from nonresident tuition for refugees with special immigrant visas (SIVs) who have fled Afghanistan, Iraq, Syria or other countries.

Effective January 1, 2018, Education Code section 68075.6 grants an exemption to nonresident tuition for: (1) Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq, and who meet certain criteria (Ed. Code, § 68075.6, subd. (b)(1); Public Law 110-181, § 1244); (2) translators (and their spouses and children) who worked directly with the United States Armed Forces, and who meet certain criteria (Ed. Code, § 68075.6; Public Law 109- 163, § 1059); and (3) refugees (Ed. Code, § 68075.6, subd. (b)(1), 8 U.S.C. § 1157). These exemptions  only apply to those who settled in California upon entering the United States. (Ed. Code, § 68075.6, subd. (b)(1).) Students who settled elsewhere in the United States, and then moved to California would

not be eligible for this exemption and would be required to either establish residency or pay nonresident tuition. Under Education Code section 68122, T and U visa holders are also exempt from nonresident tuition by extension of Assembly Bill 343.

Assembly Bill 343 also states that the exemption for a student is only available for the maximum time it would take the student to establish residency. (Ed. Code, § 68075.6, subd. (b)(1).) That time, and therefore any nonresident tuition exemption, will expire one year from the date the student settled in California upon entering the United States. (Ed. Code, § 68017.) Upon expiration of the nonresident tuition exemption, the student either will have established residency in California, or will have an intention to reside elsewhere, and be subject to nonresident tuition.

Conduct inconsistent with a claim for California residence includes but is not limited to:

  • Driver's license and/or vehicle registration in another state
  • Being a petitioner for a divorce or lawsuit as a resident in another state
  • Attending an out-of-state institution as a resident of that state
  • Declaring nonresidence for California income tax purposes
  • In the U.S. with a nonresident visa

 

Residency Determination

The college will make the final determination of residency, but the burden of proof is on the student to demonstrate clearly, with proof, both physical presence in California and intent to establish California residence.

Each student at the time of admission or readmission will be classified according to his/her legal residence.

Be sure to submit all documents necessary to establish residency to the Admissions and Records Office.

The following will be accepted as proof of intent to establish California residence for tuition purposes:

  • State and federal tax returns with W-2 forms for the last two years with CA address
  • Automobile registration
  • California driver's license/California ID card
  • Voter registration
  • Documentation of California as the home state of record as required by the military
  • Bank account statements, active for one year prior to residence determination date (must show California resident address, not P.O. Box address).
  • California license for professional practice
  • Petitioner for divorce in California
  • Utility bills (for one year prior to residency determination)
  • Proof of employment (pay stubs for one continuous year prior to residency determination)
  • Mortgage statements - Cannot accept rental or lease agreements
  • Verification of public assistance

Please note the following requirements: At least two pieces of evidence must be presented, and additional evidence may be required. The more evidence you can present to show intent, the easier it is to become a California resident for tuition purposes. A person begins to establish intent by doing as many of the above mentioned actions AS SOON AS POSSIBLE after his/her arrival in California.

 

 

Residency Questionnaire

This information has been extracted from the California Education Code sections 68000 and after, and California Code of Regulations, Title 5, sections 54000-54072.

 

AB 540 and AB 2210 Information and Form

 

 

 

Last Updated 2/20/19