AB540 Exemption Information

Determination of Residence

  1. Adults — every person who is married or who is 18 years of age or older on the residence determination date may determine his or her own residence.
  2. Minors — those persons under 18 years of age may establish residence in accordance with the following:
    1. Married minors may establish their own residence.
    2. If the parents are separated permanently, the residence of the minor is the residence of the parent with whom he/she lives.
    3. If both parents are deceased, and there is no court-appointed guardian, the minor may establish his/her own residence.
    4. A student who remains in the state after his/her parents, who had legal residence in California, have established residence elsewhere, shall be entitled to retain resident classification until he/she has attained the age of majority and has resided in the state the minimum time necessary to become a resident so long as continuous attendance is maintained at the institution.
    5. A student may combine his/her time as a resident minor with his/her time as a resident adult to establish the one year necessary for California resident classification.

Required Documents For Residence Determination (Education Code: 54024(e))

The following factors are considered in determining California residency (a minimum of 3 must be provided):

  1. Ownership of residential property or continuous occupancy of rented or leased property in California
  2. Registering to vote and voting in California
  3. Licensing from California for professional practice
  4. Active membership in service or social clubs
  5. Presence of spouse, children or other close relatives in the state
  6. Showing California as home address on federal income tax form
  7. Payment of California state income tax as a resident
  8. Possessing California motor vehicle license plates
  9. Possessing a California driver’s license
  10. Maintaining a permanent military address or home of record in California while in the armed forces
  11. Establishing and maintaining an active California bank account
  12. Being the petitioner for a divorce in California; Conduct inconsistent with a claim of California
  13. Exceptions To Residence Determination
  14. A student who is a member of the Armed Forces on active duty in this state shall be entitled to residency status. (Education Code: 54042)
  15. A student who is a natural or adopted child, stepchild or spouse and who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident status until the student has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. Should the member of the armed forces of the United States be thereafter transferred on military orders directly to a place outside the United States, where the member continues to serve in the armed forces of the United States, the student shall not lose the resident status until he/ she has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. (Education Code: 68074.(a)(1)(2)(b))
  16. A student who is an adult alien will be entitled to resident status if lawfully admitted to the United States for permanent residence in accordance with all applicable laws of the United States provided that he/she has had residence in the state for more than one year after such admission prior to the residence determination date for the term for which he or she proposed to attend an institution.
  17. A student who is a minor alien will be entitled to resident status if both he/she and his/her parents have been lawfully admitted to the United States for permanent residence in accordance with all applicable laws of the United States, provided the parent has had residence in the state for more than one year after such admission, prior to the residence determination date for the term for which he or she proposes to attend an institution.
  18. A student who is an apprentice, as defined in Section 3077 of the Labor Code, will be entitled to resident status for school attendance.
  19. A student holding a valid credential authorizing service in a public school and employed in a certificated full-time position by a community college district will be given resident status. (Education Code: 54046)
  20. A student who is a full-time employee of an institution or of any state agency, or a student who is a child or spouse of a full-time employee of an institution or of any state agency, may be entitled to resident classification, as determined by the governing boards, until he or she has resided in the state the minimum time necessary to become a resident. (T5 68079)

    For the purposes of this section, "employee of any state agency" means a person employed by the state on or after the effective date of this section, who is assigned to work outside of the state.

    For the purposes of this section, "institution" means any university or college of the California State University and Colleges, the University of California, or any California Community College. (ECS 68011)
  21. A student who (1) has not been an adult resident of California for more than one year and (2) is the dependent child of a California resident who has had residence in California for more than one year prior to the residence determination date shall be entitled to resident status. This exception shall continue until the student has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. (Education Code: 68076)

Resident Status Appeal

Any student, following a decision on residence status by the college, may make written appeal to the Admissions & Records Office within fourteen (14) calendar days of that decision. (Education Code: 54060)

Becoming A Resident (Education Code: 54024)

Intent to become a resident may be determined by complying with at least three of the conditions listed in the following section. Physical presence within the state solely for educational purposes does not constitute establishing California residence, regardless of the length of that presence. The one-year residence period which a person must meet to be classified as a resident does not begin until the person is both present in California and has manifested clear intent to become a California resident.

Reclassification of Residency

Students who have been classified as non-residents may be reclassified as residents by formally requesting such reclassification. A Supplemental Residency Questionnaire must be submitted to the Admissions & Records Office no later than the first day of registration for the term in which the student is seeking reclassification. The request must be accompanied by documentation verifying the student’s intent to become a California resident, evidence of physical presence in California and/or evidence of financial independence. The law clearly states that the burden of proof of verifying residency rests with the student applicant.

Costs:

See class schedule for fees and other costs or the Fee Information page. People who are not legal residents of California must pay the current non-resident tuition fees.

No One Factor is Decisive:

Intent to become a resident may be determined by complying with at least two of the conditions listed above. Physical presence within the state solely for educational purposes does not constitute establishing California residence, regardless of the length of that presence. The one-year residence period which a person must meet to be classified as a resident does not begin until the person is both present in California and has manifested clear intent to become a California resident.