Residency For Tuition Purposes

To be classified as a resident for tuition purposes, a student (or parent, in the case of a minor)
must demonstrate the following one year and one day immediately prior to the Residence Determination Date.

Physical Presence: The student must establish a physical presence in California more than one
year and one day immediately prior to the Residence Determination Date of the term for which
classification as a resident is requested. Continuous physical presence is not mandatory, but a
student who leaves California has the burden of clearly demonstrating their retention of California residence during periods of absence. Failure to do so will result in a determination of nonresident.

Intent: The student must demonstrate through objective documentation that their physical
presence was coupled with the intent to make California his or her permanent home. Evidence
of intent must be in place one year and one day immediately prior to the Residence Determination Date. Intent is an independent element of residence, and is demonstrated by establishing residential ties in California, and relinquishing ties to the former place of residence. Physical presence within California solely for educational purposes does not constitute establishment of California residence. Proofs of intent must be in place one year and one day prior to the Residence Determination Date, and can include, but are not limited to:

• Ownership, leasing, or continuous occupancy of residential property in California
• Most current California tax returns
• Verification of employment: pay stubs showing California employment
• Registering to vote and voting in California
• Registering a motor vehicle owned or operated in California
• Obtaining a California driver's license or ID card
• Filing a resident or nonresident state personal income tax return
• Maintaining an active bank account with a bank with a California branch
• Licensing from the state for professional practice
• Maintaining active resident memberships in professional organizations

Financial Independence. A student classified as a nonresident for a prior term may seek
reclassification in any subsequent term; however, reclassification requires that, in addition to
satisfying the requirements of physical presence and intent to remain indefinitely in the state, the student must also satisfy the requirement of financial independence as outlined in Title 5
CCR § 41905.5. The residence reclassification financial independence requirement states that
any nonresident student requesting reclassification to resident for tuition purposes must
demonstrate financial independence. A student shall be considered financially independent if s/he:

• has not and will not be claimed as an exemption for state and federal tax purposes by
  his/her parent in the calendar year the reclassification application is made and in any of
  the three calendar years prior to the reclassification application;
• has not and will not receive more than seven hundred fifty dollars ($750) per year in
  financial assistance from his/her parent in the calendar year the reclassification
  application is made and in any of the three calendar years prior to the reclassification
  application, and;
• has not lived and will not live for more than six weeks in the home of his/her parent
  during the calendar year the reclassification application is made and in any of the three
  calendar years prior to the reclassification application.

The burden of proof rests solely with the student. Students from whom additional information is
required will be contacted by letter with further instructions. Students may be asked to provide
other documentation to clarify or verify their requests for reclassification. Failure to provide
these documents or submission of incomplete information will significantly delay the
reclassification process, and may result in a denial of reclassification.

Definitions:
Adult Students
Adult students (students who are 19 years old by the Residence Determination Date for the
semester to which he/she is applying) will have to establish their own residency for tuition purposes in California if they are a U.S. citizen, permanent resident, or other immigrant; or
someone in non-immigrant status who is not precluded from establishing a domicile in the U.S.
The student must establish clear evidence of his/her intent to abandon the derived residence of their out-of-state parent(s) and adopt a new residence. A married person will establish his or her residency independent of his or her spouse.

Minor Students
Minor unmarried students (students who are less than 19 years old by the Residence Determination Date) derive their legal residency from the natural parent or adoptive parent with whom the minor maintains, or last maintained, his or her place of abode. The residence of a
minor cannot be changed by the minor's own act, by the appointment of a legal guardian, or by the relinquishment of a parent's right of control as long as the minor's parents are still living.
That parent must be a California resident, as established by the California Education Code, for
at least one year and one day immediately prior to the Residence Determination Date for the minor to qualify for California residency.

Non-U.S. Citizens
A non-U.S. citizen may establish residency unless precluded by the Immigration and Nationality
Act from establishing a domicile in the United States. An unmarried minor derives his or her
residence from his or her natural or adoptive parents. A non-U.S. citizen adult may establish his
or her own residence based on established guidelines and timelines.

Students classified as nonresidents may appeal to the Chancellor's Office within 30 calendar
days of the issuance of the notification of the final campus decision. The campus decision may
be appealed only if at least one of the following applies:
1. The decision was based on:

1. a significant error of fact;
2. a significant procedural error; or
3. an incorrect application of law which, if corrected, would require that the student be reclassified as a resident; and/or

2. Significant new information, not previously known or available to the student, become
available after the date of the campus decision classifying the student as a nonresident and
based on the new information, the classification as a nonresident is incorrect.

Students must explain why the appeal meets one or more of the above appeal criteria and
provide supporting documentation. For example, a "significant error of fact" could be
demonstrated by stating that the campus incorrectly determined that a specific document, such
as a driver's license, was untimely and by providing a copy of the document establishing the
error. An appeal that only states a "significant error of fact" will be denied.  

A campus residency classification appeal must be submitted online.