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
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.
PRESENCE EC 68017, 68070;
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:
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:
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.
An individual who does not meet the California residency requirements may be admitted under the following conditions:
NON-RESIDENT TUITION EXEMPTION
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.