Residency for Tuition Purposes
(per Education Code, Section 68060)
The Office of Admissions and Records determines the resident status of all new and returning students. Responses to the Application for Admission and, if necessary, other evidence furnished by the student are used in making this determination. A student who does not submit adequate information to establish the right to classification as a California resident will be classified as a nonresident.
The resident determination date is the day immediately preceding the opening day of instruction of the semester or term as set by the Board of Trustees. Generally, residency requires actual physical presence in California at least one year prior to the residence determination date, coupled with proof of the intent to make California one’s home.
FACTORS CONSIDERED TO DETERMINE RESIDENCY
A person’s presence in California and the factors below are considered in determining California residency. No one factor determines residency.
- Being licensed to practice a profession in California
- Filing California State Income taxes as a resident
- Having an active checking and/or savings account in a
California bank
- Having paid nonresident tuition in another state
- Owning residential property in California for personal use and currently residing on that property
- Possessing a California Driver’s License and a vehicle registered
in California
- Possessing a marriage license or a divorce decree issued in
California
- Showing California on military records (Leave and Earnings
Statement)
- Voting in California
EXCEPTION TO RESIDENCY REQUIREMENTS
Several exceptions to the residency rules apply per Education Code. They include, but are not limited to the following:
- Active duty military personnel stationed in California
- Certain minors who remained in California when parents
moved
- Dependents of active duty military stationed in California
- Full-time employees of the college or a state agency, or a
child or spouse of the full-time employee
- Self-supporting minors
NONRESIDENT STUDENT
A student’s resident status is determined at the time of application. A nonresident student must pay nonresident tuition in addition to the enrollment fee and other fees (including a $20 Capital Outlay Fee per Education Code 76141) for credit classes.
AB540
AB540
(Firebaugh/Maldonado; Signed into law by Gov. Davis on 10/10/2001)
- "This act, as enacted during the 2001-2002 Regular Session, allows all persons, including undocumented immigrant students who meet he requirements set forth in Section 68130.5 of the Education Code, to be exempt from nonresident tuition in California's colleges and universities.
General Information
- Any student, other than a non-immigrant alien, who meets all of the following requirements, shall be exempt from paying nonresident tuition at the California Community Colleges, the California State University and the University of California (all public colleges and universities in California).
- Students who are non-immigrants (for example, those who hold F student visas, B visitor visas, etc.) are not eligible for this exemption
- AB540 does not provide student financial aid eligibility for undocumented alien students. These students remain ineligible for state and federal financial aid. U.S. citizen/permanent residents may be eligible to receive financial aid.
Who Qualifies?
- An alien student who is without lawful immigrant status (undocumented, out of status)
- A U.S. Citizen and/or Permanent Resident card holder who does not meet the California residency requirement.
Requirements
- Student attended a high school (public or private) in California for 3 or more years.
- Student graduated from a California high school or attained the equivalent (for example, passing the GED, California High School Proficiency Exam, or Certificate of Completion) prior to the start of the term.
- All qualified students who are without lawful immigration status must file an affidavit with the college starting that he/she has filed an application to legalize his/her immigration status, or will file an application as soon as he/she is eligible to do so.
- All qualified students who do not meet the California residency requirements must file an affidavit with the college.
This provision applies to students attending community college after January 1, 2002. Students living outside the state and enrolled via distance education are not eligible for the AB540 exemption (Revised Guidelines for Implementation of AB 540 - Firebaugh, October 23, 2003).