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 (1) year and one (1) day prior to the start of the semester to which you are applying to qualify as a resident student; 2) the student 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; 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 your citizenship status does not preclude from establishing residence in the United States) is on the student. This means you must provide:
- Two (2) acceptable proofs of established California residency * (see list below); and
- Documentation of your valid legal status if you are not a United States citizen
*Additional proof may be requested if you engaged in conduct that is inconsistent with a claim for California residence.
Students who are under 19 years of age cannot establish their own residency, 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.
LISTED BELOW ARE ITEMS THAT MAY BE ATTACHED TO THIS PETITION AS EVIDENCE OF PHYSICAL PRESENCE AND INTENT. A STUDENT MUST SUBMIT A MINIMUM OF TWO (2) ITEMS (1 primary and 1 secondary).
Some students may be required to show more than two proofs of residency depending on the circumstances of their non-resident status.
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. Please do not highlight or right on your documents. 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. Students attending out-of-state colleges may be required to show proof of paying nonresident tuition at that college.
***Only one item from each category will be accepted.***
- Valid California Driver License, Identification Card or CA DMV Printout (Online printout not accepted) or CA car registration
- California 540 tax form with California as the home address for the previous year including signature page (540NR form NOT acceptable)
- Voter registration card or proof of voter registration stamped by County Registrar's Office (Receipts not accepted)
- Utility bill (DWP, gas, telephone, electric, cable, etc.) for the appropriate time period.
- Apartment/home lease or rental agreement (one-year current) - NO ROOM RENTALS OR MONTH TO MONTH
- Proof of California car insurance (insurance card or policy). Student, or parent if student is under 19, must be Primary Insured Driver. We will not accept insurance renewal bill as proof.
- California bank account statement (Statement end date is the date that is used) - NO CREDIT CARD STATEMENTS.
- California health insurance must include resident address and issue date.
- California public library membership, if dated or, Printout of library account information w/ library address stamp
- Paystub or, employment verification on company letterhead along with paystub if paystub does not include address
- Military discharge papers (DD 214) that includes Character of Service field if discharged within three years of start of semester or, Leave and Earnings statement indicating California as home of record
- Filed Marriage license or divorce decree issued in California (for the appropriate time period)
- California State Aid, Social Welfare, California Court documents that have been filed with the court
- Union membership in a California Local must include resident address and a date
- Licenses or certificates issued by the state of California with issue date - NO HIGH SCHOOL DIPLOMAS
IMPORTANT: FERPA (Family Education Rights and Privacy Act) - For all Admissions and Records transactions, anyone representing an applicant/student must provide a student release of information giving approval from the applicant/student.
RESIDENCY STATUS CAN ONLY BE CHANGED BY SUBMISSION OF A PETITION FOR RECLASSIFICATION FROM NON-RESIDENT TO RESIDENT STATUS AND ALL REQUIRED SUPPORTING DOCUMENTS. THE
BURDEN OF PROOF IS ON THE STUDENT.
THE PETITION FOR RECLASSIFICATION FROM NON-RESIDENT TO RESIDENT STATUS CAN BE DOWNLOADED OR OBTAINED FROM THE ADMISSIONS OFFICE DURING OFFICE HOURS.
STUDENTS WHO FAIL TO CLEAR RESIDENCY ISSUES PRIOR TO THE START OF THE SEMESTER WILL BE RESPONSIBLE FOR THE NONRESIDENT TUITION FEES OR SUBJECT TO BEING DROPPED FROM ALL COURSES IF FEES ARE NOT PAID.
All Residency Petitions must be submitted by the start of the term in question.
AB 540 STUDENTS
Any student, other than one with a United States Citizenship and Immigration Services (USCIS) nonimmigrant visa status (see exception below for students who have been granted T or U visa status), 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).
- The student must have:
- attended a combination of California high school, adult school, and California Community College for the equivalent of three years or more OR
- attained credits earned in California from a California high school equivalent to three or more years of full-time high school course work and attended a combination of elementary, middle and/or high schools in California for a total of three or more years AND
- 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) OR
- completed an associate degree from a California Community College OR
- completed the minimum requirements at a California Community College for transfer to the California State University or the University of California.
accredited institution of higher education in California.
4. The student must file an affidavit with the college or university stating that if the
student is a non-citizen without current or valid immigration status, the student
has filed an application to legalize immigration status or will file an application as
soon as the student is eligible to do so.
- Students who are nonimmigrants who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8 of the United States Code, sections 1101(a)(15)(T) or (U) are eligible for this exemption.
- Students who are nonimmigrants, other than those with T or U visa status as noted above, [for example, those who hold F (student) visas, B (visitor) visas, etc.] are not eligible for this exemption.
- 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”.
- The California Dream Act extends Cal Grant A and B Entitlement awards, Cal Grant C awards, Chaffee grants, and institutional financial aid to students that meet these criteria as well as the applicable criteria for eligibility for specific types of financial aid.
- AB540 does not provide federal student financial aid eligibility for undocumented students. These students remain ineligible for federal financial aid.
PROCEDURES FOR REQUESTING THIS EXEMPTION FROM NONRESIDENT TUITION
Print out the AB 540 Tuition Exemption Form 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.
Special Immigrant Visa Holders
Education Code section 68075.6 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 yearfrom
the date the studentsettled in California upon entering the United States.
This exemption applies to the following:
• Iraqi citizens or nationals (and theirspouses and children) who were employed
by or on behalfofthe United States Government in Iraq (Pub.L. No. 110-181, §
• Afghan and Iraqi translators (and theirspouses and children) who worked
directly with the United StatesArmed Forces (Pub.L. No. 109-163, § 1059)
• Afghanistan nationals (and theirspouses and children) who were employed by
or on behalfofthe U.S. government or in the International SecurityAssistance
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