Establishing Legal Residence for Tuition Purposes at the University of California
For Students Seeking Resident Classification
To be classified as a resident for tuition purposes, an adult student (18 years or older by the residence determination date for the applicable semester) who is a US citizen or an eligible noncitizen must have: 1) relinquished his/her prior residence and 2) been physically present and established residence in California for more than one (1) year immediately preceding the residence determination date. The residence of a minor is derived from the parent(s) with whom the minor last resided.
Physical presence alone is NOT sufficient. An adult student must DOCUMENT that his/her year of physical presence in this state is consistent with his/her intention to make California his/her permanent home. If these steps are delayed, resident status will be postponed until ALL the criteria have been demonstrated for a minimum of one (1) year. Physical presence in California solely for educational purposes does not result in classification as a California resident under State Law, regardless of the length of stay. The student must also demonstrate financial independence.
Evidence of the following criteria of intent must be provided. Documents must be DATED to verify the appropriate action was taken at least one (1) year prior to the beginning of the semester in which the resident status is desired.
General Rules Applying to Minors
If you are an unmarried minor (under age 18), the residence of the parent with whom you live is considered your residence. If you have a parent living, you cannot change your residence by your own act, by the appointment of a legal guardian, or by the relinquishment of a parent's right of control. If you live with neither parent, your residence is that of the parent with whom you last lived. Unless you are a minor alien present in the U.S. under the terms of a nonimmigrant status which precludes you from establishing domicile in the U.S., you may establish your own residence when both your parents are deceased and a legal guardian has not been appointed. If you derive California residence from a parent, that residence must satisfy the one-year durational requirement.
Some Examples of Indicators of Intent
o Remaining in California when school is not in session.
o Registering to vote and voting in California elections.
o Designating California as permanent address on all school and employment records including current military records.
o Obtaining a California Driver's License within ten (10) days of settling in California.
o Obtaining a California motor vehicle registration within twenty (20) days of settling in California.
o Working in California and filing California resident income tax forms from the date of entry into the State. Income earned outside of the State thereafter must also be declared in California.
o Establishing and maintaining active bank accounts in California banks and closing out-of-state accounts.
o Surrendering all out-of-state identification and driver's license.
o Establishing a permanent abode where one's belongings are kept.
o Licensing for professional practice in California.
Intent is by no means limited to the above items. Though all of the aforementioned indicators may not be relevant in every case, evidence should be consistent to show that residence has been established in California AND RELINQUISHED in all other states. Remaining in California during nonacademic periods is a strong indicator of intent. Your intent will be questioned if you are a nonresident who is in the process of establishing California residency for tuition purposes and you leave California for more than a month during the summer preceding the term in which you are establishing resident status for tuition purposes. Graduate and law students who must leave for nonacademic-related reasons for more than a month during the summer should visit the Residence Affairs office at 120 Sproul Hall to seek advice prior to leaving and filing for classification. If you are a student who has been classified as a resident, via petition, for tuition purposes and you leave the state temporarily, your absence could result in the loss of your California residence. All information supporting a claim of California residency will be considered in the classification determination.
Financial Independence
Effective Fall semester 1993, students who have not been previously enrolled in a regular (not summer session or UC extension) session at a UC campus will be classified as residents if and only if they meet the financial independence requirement , as well as the physical presence and intent requirements (listed on the front of this page). Students who are financially dependent upon California resident parents are exempt from the financial independence requirement.
A student is considered "financially independent" if he or she:
a) is at least 24 years of age by December 31 of the calendar year resident classification is sought;
b) is a veteran of the U.S. Armed Forces;
c) is a ward of the court or both parents are deceased;
d) has legal dependents other than a spouse;
e) is married or a graduate student*, and was not claimed as an income tax deduction by his or her parents or any other individual for the tax year immediately preceding the term for which the request for resident classification is made; or
f) is a single undergraduate student, and was not claimed as an income tax deduction by his or her parents or any other individual for the two tax years immediately preceding the term for which the request for resident classification is made, and demonstrates self-sufficiency for the two years and the current year.
Note: The financial independence requirement will not be a factor in determining residence status for graduate student instructors, graduate student teaching assistants, research assistants, junior specialists, post-graduate researchers, graduate student researchers, and teaching associates who are employed at UC for 49% or more of full time (or awarded the equivalent in University-administered funds, e.g. grants, stipends, fellowships) in the term for which resident classification is sought.
The student is cautioned that this summation is not a complete explanation of the laws regarding residence. Please note that changes may be made in the residence requirements between the publication date of this statement and the relevant determination date. Non-citizen students should consult the Residence Affairs Officer for information regarding special criteria in determining residency eligibility. If you have questions, call (510) 642-5990. At the campus level, the Residence Affairs Officer is the only person qualified to answer residence questions or to make a residence determination. No other University personnel is authorized to supply information relative to residence requirements for tuition purposes.