Students must clearly verify intent to make California their permanent place of residence by the following (several factors considered):

• Living in California for two consecutive years
• Establishing and maintaining an active California bank account
• Ownership of residential property or continuous occupancy of rented or leased property in California
• Registered to vote in the State of California
• Owning residential property
• Possessing a California Driver’s License or Identification card
• Registering a car in the State of California

Students that are in the United States with immigration document(s) that allow establishment of residency, must fulfill the one-year physical presence and intent requirements listed above. Students with a visa that prevents establishment of residency will be charged the California enrollment fee plus non-resident fees.

Students with visa type F-1, F-2 must apply and enroll in the International Student Center.

This bill requires the College to exempt nonresident tuition from a nonresident student who is a US citizen and who resides in a foreign country if that student meets all of the following requirements:

• Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act and demonstrates a financial need for the exemption
• Moved abroad as a result of the deportation or voluntary departure and lived in California immediately before moving abroad.
• Attended a public or private secondary school in California for three or more years.
• Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education
• Will be living in California and will file an affidavit with the College stating that he or she intends to establish residency in California as soon as possible.
• Documentation shall be provided by the student as required by statute as specified in Education Code section 76140(a)(5).

This bill permits Fullerton College to exempt nonresident special part-time students, who meet the requirements outlined in Section 76140 of the Education Code, from the requirement to pay nonresident tuition. This exemption does not apply to special full-time students. This exemption is not intended to apply to categories of students who would be precluded from qualifying for the AB540 nonresident tuition exemption, for example:

• Students who actually reside outside of California and enroll via Distance Education
  AND
• Students on most nonimmigrant visas.

Fullerton College may waive/remove non-resident tuition for students enrolling in ESL classes!

Here are the requirements to have the nonresident tuition removed:

• Students need to have recently settled in California and have lived in California for less than one year. AND
• Is a recent immigrant OR recent refugee OR person who has been granted asylum

We are here to help!  If you have any further questions or want to see if you qualify reach out to applicationhelp@fullcoll.edu or call us at 714-992-7075.

• 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

(Ed. Code § 68075; Cal. Code Regs., tit. 5 § 54042)

Members of the armed forces domiciled or stationed in California are eligible for resident classification for tuition purposes at community colleges. This classification extends for the duration of their attendance, even if they are transferred out of state for military service, as long as they remain continuously enrolled.

(Ed. Code § 68074; Cal. Code Regs., tit. 5 § 54041)

Dependents of members of the armed forces stationed in California on active duty are eligible for resident classification for tuition purposes. This classification has no time limit. Even if the military member is transferred out of state, the dependent can maintain resident status as long as they remain continuously enrolled at a California community college.

(Ed. Code § 68075.5; Cal. Code Regs., tit. 5 § 54041)

A student who served in the U.S. armed forces stationed in California for over a year before discharge can be exempted from paying nonresident tuition for up to one year if they declare intent to establish residency in California. This exemption must be utilized while residing in California and within two years of discharge. However, individuals with dishonorable or bad conduct discharges are ineligible for this exemption.

A student who lives in California and uses education benefits under Chapter 30, 31, or 33 is granted a waiver of non-resident tuition regardless of his/her formal State of residence. Under the provision of Isakson and Roe Veteran Health Care and Benefits Improvement Act of 2020, section 1005, the requirement for covered individuals to enroll in a course at a public institution of higher learning within three years of being discharged to receive in-state tuition is no longer required effective August 1, 2021.

A covered individual is defined as:

• A veteran, or
• A spouse or dependent child using transferred benefits, or
• A spouse or dependent child of a person whose active-duty transferor dies, on or after September. 11, 2001, in the line of duty, or
• A spouse or dependent child using transferred benefits and the transferor is serving on active duty effective for courses, semesters, or terms beginning after July 1, 2017;
• Students who initially qualify under the applicable requirements above maintain “covered individual” status as long as they remain continuously enrolled

Yes, two people who are married do not always have the same residence. Each student’s residence must be independently determined. If the student came to California in the company of his/her spouse, who is in the military, transferred to this state, there is a presumption that the student is a nonresident.

The person would remain a California resident if his/her “Leave and Earnings Statement” (LES) continues to indicate California as the residence, and the person has done nothing while out of state to relinquish residence.

Members of the military who are stationed out of California are automatically exempt from payment of California state taxes for the time they are absent from the state, if the military income is the sole income. If the military person had income from other sources, the person is subject to California taxes, on all other income wherever earned.