Residency Requirements

RESIDENT                  EC 68017, 68062; T5 54020, 54026
A student who has been physically present in the state for more than one year immediately preceding the residence determination date (one year and one day), and has demonstrated an intent to make California a permanent home

RESIDENCE                    EC 68017, 68062; T5 54020
In order to establish a residence, it is necessary that there be a union of act and intent. To establish residence, a person capable of establishing residence in California must couple his/her physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose.

 PHYSICAL PRESENCE EC 68017, 68070; T5 54022
a.- A person capable of establishing residence in California must be physically present in California for one year prior to the residence determination date to be classified as a resident student.

b.- A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.

c.- Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of length of that presence.

 
EVIDENCE OF INTENT EC 68041; T5 54024
a.- Intent to make California the home, for other than a temporary purpose, may be manifest in many ways. No one factor is controlling.

b.- A student who is 19 years of age or older and who has maintained a home in California continuously for the last two years, shall be presumed to have the intent to make California the home for other than a temporary purpose, unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision “f” of this section.

c.- A student who is under 19 years of age, shall be presumed to have the intent to make California the home for other than a temporary purpose if both the student and his/her parent have maintained a home in California continuously for the last two years, unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision “f” of this section.

d.- A student who does not meet the requirements of subdivision “b” or “c” of this section shall be required to provide evidence of intent to make California the home for other than a temporary purpose, as specified in subdivision ”e” of this section.

e.- Objective manifestations of intent to establish California residence include, but are not limited to:
1.- Payment of California state income tax.
2.- Ownership of residential property or continuous occupancy of rented or leased property in California.
3.- Registering to vote and voting in California.
4.-Licensing from California for professional practice.
5.-Active membership in service or social clubs.
6.-Showing California as home address on federal income tax forms.
7.-Possessing California motor vehicle license plates.
8.-Possessing California driver’s license.
9.- Maintaining permanent military address, or home of record in California while in    armed forces.
10.- Establishing and maintaining active California bank accounts.
11.- Being a petitioner of divorce in California.

 

f.- Conduct inconsistent with a claim of California residence includes, but is not limited to:

  1. Maintaining voter registration and voting in another state.
  2. Being the petitioner for a divorce in another state.
  3. Attending an out-of-state institution as a resident of that other state.
  4. Declaring non residence for state income tax purpose

 FINANCIAL INDEPENDENCE EC 68044; T5 54032
a.- 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.

b.- 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).

 

c.- 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.

d.- 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.

e.- 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.

 

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

NON-RESIDENT TUITION EXEMPTION

  1. Nonresident active duty military personnel stationed in California for a purpose other than that of attending a state-supported institution of higher learning.
  2. Dependents of active military personnel stationed in California.
  3. In accordance with AB540, students other than a nonimmigrant alien who attended a California high school for a minimum of three years, graduated from a California high school, or attained the equivalent, may be eligible for an exemption from the nonresident tuition fee. Persons without lawful immigration status are required to file an affidavit to verify that they have filed an application to legalize his or her immigration status, or will file an application as soon as they are eligible to do so.

Note: Students who are nonimmigrant aliens (e.g., F series student visas or B series visitor visas) are not eligible for this AB 540 exemption unless they have applied to USCIS for a change of status to other than nonimmigrant status and meet all other requirements for the exemption.

References:

For The Education Code Section 68040-68044: CLICK HERE
For Los Angeles Pierce College Catalog: 
CLICK HERE