California Residency Reclassification for Tuition Purposes Checklist (pdf)
All students are classified as either a resident of the State of California or non-resident when applying for admission.
A “resident” is a student who has residence in the state for more than one year before the initiation of a semester or term (EC 68017), based on the “Residence Determination Date” (RDD) which is the day immediately preceding the opening of instruction applies to U.S. citizen, permanent residents, and persons holding certain visas that allow for residence.
A non-resident is a student who has not established residence in the State of California for one year as of the residence determination date.
Persons who are under 18 years of age (minors) establish residence in accordance with above “resident” definition and the following:
Married minors may establish their own residence.
The residence of the parent with whom an unmarried minor child maintains a place of abode is the residence of the unmarried minor child. When the minor lives with neither parent, residence is that of the parent with whom the minor last resided. The minor may establish residence when both parents are deceased and a legal guardian has not been appointed.
The residency of unmarried minors who have a parent living cannot be changed by their own acts, appointment of legal guardians, or relinquishment of a parent’s right of control (EC 68062).
Persons who are 18 years of age or older (adults) establish residency in accordance with EC 68017 (see above). Adult residency begins after the 18th birthdate with EC 68017 (see above). Adult residency begins after the 18th birthday.
A person’s residency shall not be derived simply by being married. A man or a woman establishes his or her residency independent of his or her spouse. Many of the objective manifestations may be shared, but each may have some evidence of intent that is not shared.
If you hold an Employment Authorization Card or a VISA including, but not limited to, any one of the following visas: B-1/B-2. C, 0-1/0-2, F- 1/F-2, H-2/H-3, J-1/J-2, M-1/M-2, O-2, P- 1/P- 2/P-3/P-4, Q, TN/TO, you must present your documentation to the Admissions and Records Office for review to determine residency status.
The California Education Code and provisions in state law allow certain nonresidents the opportunity to pay instate tuition. Eligibility criteria are noted below. Students who believe they are eligible for an exemption based on any one of the following criteria should consult the Admissions and Records Office when he or she applies.
Students who are members of the armed forces of the United States who are stationed in this state on active duty, except those assigned to California for educational purposes.
Spouses and dependents (natural or adopted children or stepchildren) of active members of the armed forces.
Parents who are federal civil service employees and have moved to California as a result of a military realignment action that involves the relocation of at least 100 employees. This exemption also applies to the natural or adopted children or step-children of such employees.
Students who are 20 years old or younger and served by the California Foster Care System.
Students who have completed at least three years of high school in California and have graduated from a California high school. Students must fill out and submit the “California Nonresident Tuition Exemption Request” form (AB540) for consideration.
Education Code section 60875.6 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
Specific residency problems and questions will be answered by the Admissions and Records Office.