Residency Requirements

Non-California Resident

An individual who does not meet the California residency requirements may be admitted under the following conditions:

1. Students who are not residents of California as of the day immediately preceding the first day of classes, in any given term, will be required to pay an out-of-state tuition fee and a capital outlay fee.
2. Active military personnel are exempt from nonresident tuition fees provided they are in California for a purpose other than attending a state-supported institution of higher education.
3. Dependents (natural or adopted child, stepchild, or spouse) of a member of the armed forces of the United States stationed in California on active duty shall be entitled to resident classification only for the purpose of determining the amount of tuition and fees. If that member of the armed forces on active duty is thereafter transferred to a location outside the state, or retires from active duty, the student dependent shall not lose his or her resident classification until he or she has resided in the state the minimum time necessary to become a resident (Title V, Section 68074).
4. Minors (under 18 years of age and not married) will be required to pay the out-of-state tuition fee and capital outlay fee if their parents or legal guardians reside outside the state, even though such minors may have lived in California for one year or more.
5. Students who are financially dependent on their parents or legal guardians will be required to pay out-of-state tuition if their parents or legal guardians reside outside the state, even though such students may have lived in California for one year or more.
6. Students who have paid the out-of-state tuition fee and find it necessary to withdraw from college will be given refunds according to the refund policy.

Financial Independence EC 68044; T5 54032

1. A student seeking reclassification, as a resident, who was classified as a nonresident in the preceding term, shall be determined financially independent or dependent in accordance with Education Code Section 68044 and Title 5 Section 54032. The law requires that financial independence be "among the factors to be considered" in reclassification and specifies how financial independence should be balanced against other factors, such as the passage of time, parent’s residence, and the student's intent to establish residence elsewhere.
2. A student shall be considered financially independent for purposes of this section if the applicant meets all of the following requirements:
   1. Has not and will not be claimed as an exemption for state and/or federal tax purposes by his or her parent in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application,
   2. Has not and will not receive more than seven hundred fifty dollars ($750) per year in financial assistance from his or 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
   3. Has not lived and will not live for more than six weeks in the home of his or her parent during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application.
   4. Relevant documentation to support a finding of financial independence may include tax returns from the student to verify the student's income and from parents to verify the student was not included as a dependent, W-2's, apartment rental contracts for leases, and copies of other necessary financial documentation (bank statements, loans, trusts, etc.) to verify the sources of the student's income/savings. In terms of appropriate tax returns to use in review, you would request the latest returns available (for example, for the 2012-13 academic year, including spring term reclassification, you would at a minimum expect to be provided tax returns for 2009, 2010, and 2011).
   5. A student who has established financial independence may be reclassified as a resident, if the student has met the requirements of Section 54020 (union of act and intent), for one year prior to the residence determination date.
   6. In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence and financial dependence shall weigh against finding California residence.
   7. Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence, than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of the student's continuing residence in another state. The title 5 section 54032(d) a district to disregard a finding of financial dependence where there is not intent to establish (or maintain) residence in another state. The ultimate question is whether the student has demonstrated intent to become a California resident. Since financial status is only one factor to be considered and districts may still wish to require some further affirmative showing of objective intent to become a California resident.