Residency
GENERAL RESIDENCY POLICY
Under the California
Education Code, the general rule is that a student 1) must have been a legal
California resident for at least one year and one day prior to the start of the
semester or session the student is applying for to qualify as a resident
student; 2) must have demonstrated intent to establish California residency for
a minimum of two years; 3) has not engaged in conduct that is inconsistent with
a claim for California residence; and 4) is not prohibited by law from
establishing California residency.
The burden of proof to demonstrate both physical
presence in the state of California and intent to establish permanent
California residence (if student's citizenship
status does not preclude from establishing residence in the United States) is on
the student. This means the student must provide:
- Documentation of legal status if they
are not a United States citizen; and
- Two (2) acceptable proofs of established
California residency (see list below).
Students who are under 19 years of age cannot
establish residency on their own, they derive residency from their parent or
legal guardian. If a student is under 19 and classified as Out-of-Country,
documentation of legal status (visa, permanent resident card, notice of action,
etc.) for the student and the parent must be presented. All documentation must
be for the same parent or guardian. If the student lives with a legal guardian,
court guardianship documents must also be submitted.
EVIDENCE OF PHYSICAL PRESENCE AND INTENT
A STUDENT MUST SUBMIT A
MINIMUM OF TWO (2) ITEMS FROM THE LIST BELOW ALONG WITH THE RESIDENCY RECLASSIFICATION FORM.
All documents submitted must be valid, legible, and
dated at least one (1) year and one (1) day before the session/semester start
date and include NAME and A PHYSICAL CALIFORNIA ADDRESS, NO P.O. BOXES. With
the exception of the driver's license or California ID, documents CANNOT be
older than 2 years prior to the start of the term for which residency is being
requested.
- California
Driver's License/ ID or California DMV Printout or California car registration
(current for all)
- Apartment/home
lease (one-year current) or rental agreement (one-year current)
- California
(540) tax returns with California as the home address for the previous year
(540NR Tax Return NOT acceptable)
- California
bank account statement (for the appropriate year)
- California
car insurance (for the appropriate year)
- California
health insurance
- California
public library membership if dated
- California
State Aid, Social Welfare, Court documents
- Licenses
or certificates issued by the state of California with issue date
- Marriage license
or divorce decree issued in California (for the appropriate time period)
- Military
discharge papers (DD 214) or Leave and Earnings statement indicating
California as home of record
- Paycheck stub or,
employment earnings statement or employment verification on company
letterhead
- Union membership
in a California Local
- Utility bill
(DWP, gas, telephone, electric, cable, etc.; for the appropriate time period)
- Voter's
registration card
IMPORTANT: FERPA (Family
Education Rights and Privacy Act) - For all Admissions and Records
transactions, anyone representing an applicant/student must provide staff a
signed letter of representation approval from the applicant/student.
PROCESS TO RECLASSIFY RESIDENCY
In order to reclassify a student's residency determination, the student must submit the Residency Reclassification Petition along with the required supporting documentation to the Admissions and Records Office. Allow up to 10 business day for an email response.
AB 540 STUDENTS
Any student, other than a nonimmigrant alien, who
meets all of the following requirements, shall be exempt from paying
nonresident tuition at the California Community Colleges, the University of
California, and the California State University (all public colleges and
universities in California).
Requirements:
- The student must have attended a high
school (public or private) in California for three or more years.
- The student must have graduated from a
California high school or attained the equivalent prior to the start of the
term (for example, passing the GED or California High School Proficiency exam).
- An alien student who is without lawful
immigration status must file an affidavit with the college or university
stating that he or she has filed an application to legalize his or her
immigration status, or will file an application as soon as he or she is
eligible to do so.
Students who are nonimmigrants [for example, those
who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this
exemption.
The student must file an exemption request including
a signed affidavit with the college that indicates the student has met all
applicable conditions described above. Student information obtained in this
process is strictly confidential unless disclosure is required under law.
Students eligible for this exemption who are
transferring to another California public college or university must submit a
new request (and documentation if required) to each college under
consideration.
Nonresident students meeting the criteria will be
exempted from the payment of nonresident tuition, but they will not be classified
as California residents. They continue to be “nonresidents.â€
AB540 does not provide student financial aid
eligibility for undocumented alien students. These students remain ineligible
for state and federal financial aid.
PROCES FOR REQUESTING EXEMPTION FROM
NONRESIDENT TUITION
Print out the AB 540 Form here or obtain the form
from the Admissions Office. Submit the form along with an official high school
transcript and a copy of your high school diploma to the Admissions Office.