California Residency

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California Residency Information and Resources

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.

Definition of Resident and Nonresident for Tuition Purposes

  • Resident: Unless precluded, a “resident” is a student who has been physically present in the state for more than one year immediately preceding the residence determination date (one year and one day) for a term and has demonstrated an intent to make California a permanent home. EC § 68017

  • Nonresident: A “nonresident” is a student who does not have residency in the state for more than one year immediately preceding the residence determination date for a term. EC § 68018

Residency Requirements (California Education Code (EC) and Title 5 Regulations) 

To establish residency, a student needs to meet the three conditions below, subject to verification by A&R by submitting the:

Residency Questionnaire and upload your supporting documentation.

The burden of proof to demonstrate legal status, physical presence, intent to establish residency in California and financial independence is on the student (EC 68041).

  1. Legal Status that permits the establishment of domicile in the United States. Essentially, the student must be a US Citizen, Permanent Resident, eligible Temporary Resident, hold eligible Visa, etc. Legal status must be sustained for at least one year plus one day prior to the start of the term. This date is known as the Residency Determination Date (Title 5 § 54045).
  2. Physical presence is proved by being physically and continuously present in California for one year plus one day prior to the start of the term (the Residency Determination Date). (Title 5 § 54020 and § 54022).
  3. Intent is proven by providing evidence demonstrating intent to make California a permanent home of residence (see "Acceptable Proofs" section below). Taking any of these actions (not an exhaustive list) demonstrates a lack of intent to make California a permanent home of residence: filing taxes in another state as a resident of that state; filing for divorce or a lawsuit in another state; paying resident tuition in another state; voting in another state. Moving to California for educational purposes alone does not grant residency (Education Code, Section 68062(d)).
  4. Student Financial Independent Status: California Education Code requires that financial independence is to be considered when a nonresident student is seeking reclassification. If you are an adult student and your parents are not California residents, you must demonstrate financial independence, along with physical presence and intent. Please answer the following questions regardless of your age. (CA Ed Code 68044, title 5 54020, 54032)
  5. To establish or change a residence, a person capable of establishing residence must couple their physical presence with objective evidence that the physical presence is with intent to make California the home for other than a temporary purpose. EC §68062(d); Note: Physical presence alone is insufficient; intent alone is insufficient.
Conduct Inconsistent with Claim on California Residency

Some examples include:

  • Possessing a driver’s license or state identification, and/or vehicle registration in another state.
  • Being a petitioner in a divorce or lawsuit as a resident in another state.
  • Attending an out-of-state educational institution as a resident of that state.
  • Declaring nonresidence for California income tax purposes.
  • Presence in the United States as a citizen of another country with a nonresident visa.

As per California Code of Regulations, 54026, California Administrative Code, the burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence.

Financial Independence   

Student Financial Independent Status: California Education Code requires that financial independence is to be considered when a nonresident student is seeking reclassification. If you are an adult student and your parents are not California residents, you must demonstrate financial independence, along with physical presence and intent. Please answer the following questions regardless of your age. (CA Ed Code 68044, title 5 54020, 54032)  

Visa Information 

Eligible Visas that may be approved for California residency if they meet the residency requirements. A-1,2,3; E-1,2,3; G-1,2,3,4,5; H-1,1B,1C, or 4, I; K-1,2,3,4; L-1A,1B,2; N-8,9; NATO-1 - NATO 7; O-1 or 3; R -1,2; T -1,2,3,4; U-1,2,3,4; and V - 1,2,3.

Visas Precluded from establishing residency regardless of their length of stay in the U.S.: B- 1,2**; C1,1D,2,3,4; D - 1,2; F -1,23; H -2A,2B,3, H-4 (If spouse or child of H-1B1,2A,2B,or 3); J -1,2; M -1,2,3; O-2,3 (If spouse or child of O-2); P -1,2,3,4; Q -1,2,3; S-5.,6; TWOV(Transit without visa), and NAFTA TN and TD.  Undocumented and out-of-status immigrants are also prohibited from establishing residency. Also precluded are aliens under an Order of Supervision, on parole status, visitors possessing a Border Crossing Card (BCC), Bering Straits (BE) agreement entrants, Visa Waiver Program (VWP) entrants under nonimmigrant categories WB and WT, and aliens whose presence is unlawful. **B-1,2 are not eligible to study at Victor Valley College.

Special Immigrant Visa (SIV) Holders   

EC 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

As per California Code of Regulations, 54026, California Administrative Code, the burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence.

Documents Necessary for California Residency (Acceptable Proofs)   
  • Documents submitted for consideration must be dated at least one year and one day prior to the Residency Determination Date. Documentation older than 2 years may not be considered.  Non-citizens must provide proof of their eligibility to establish residency.
  • Victor Valley College reserves the right to request additional documents when those presented do not sufficiently demonstrate legal status, physical presence, intent, financial independence (as relevant) and the “one year plus one day” requirement. A minimum of two proofs must be submitted with the Residency Reclassification Questionnaire (at least one *Primary and one *Secondary from the list below. If you submit 2 primary proofs a secondary is not necessary. However, if you do not have a primary proof you must submit a minimum of three secondary proofs.
  • *Primary and/or Secondary proofs must be from different sources. (for example all proofs cannot be from the DMV).

Documents listed in order of precedence. Not an exhaustive list. If you have other documentation that you feel will support your reclassification submit them with the Residency Reclassification Questionnaire.

Primary Proof

  • Filed California Income Tax (Form 540, page 1-2 as submitted to the Franchise Tax Board) with California address. If filed for an extension, a copy of the IRS tax extension receipt is needed along with a copy of your W-2 for that year. Form 540NR not acceptable
  • California Vehicle Registration–California Registration Certificate
  • California Driver's License or California ID card or DMV printout
  • California Voter's Registration Card or print out form County Registrar’s Office (within or before date range)

Secondary Proof

  • Documentation of California as the home state of record as required by the military
  • California Bank Account Statements showing a California Mailing Address
  • Official license from California Department of Consumer Affairs for Business or Individual practice
  • Marriage License or Divorce Decree issued in California with a California Mailing Address
  • California Utility Bills (e.g., electricity, phone, or water) covering a one-year period
  • Paycheck stub or letter of employment verification on company letterhead with dates of employment noted (wet signature needed; signed by the Human Resources manager)
  • Documentation of purchase and occupancy of residential real estate in California – loan papers, tax receipts, escrow paper
  • Receipt of Benefits from a California State Agency
  • California Health Insurance or Medi-Cal ID with Effective Date

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

 

AB 2210 Student Exemptions

The state provides for students who have been granted special immigrant visas or were admitted to the United States as refugees the right to be exempt from paying non-resident tuition. Learn more by reading Assembly Bill AB 2210 and Article 6 “Exceptions to Residence Determination”.