AB540 Exemption Information

Determination of Residence

Students may be required to complete a supplemental residency questionnaire to clarify residency or apply for a residency reclassification. Residency changes are not automatic. Residency will not be changed once the semester has begun or two weeks from the date the application for admissions was submitted for the term, whichever is later.
To be considered for California residency, you must:
     1. Be physically present in California for at least one year and one day prior to the start of the semester.
     2. Show documentation of intent to establish California residency dating at least one year and one day prior to             the start of the semester.
     3. Not be precluded from establishing residency by provisions of the Immigration and Nationality Act.

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 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. 

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

“Residence determination date” is that day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a college. (T5 §54002)

The one-year residence period which a student must meet to be classified as a resident does not begin to run until the student both is present in California and has manifested clear intent to become a California resident. (T5 §54028)

The burden of proof is on the student to clearly demonstrate both physical presence in California and intent to establish a permanent home in California.  You are required to present evidence in accordance with Education Code Sections 68040 et seq.

A minimum of three (3) items of documentation are required in the following categories: You must provide a minimum of one (1) item from Category A, one (1) item from Category B and one (1) additional item from either Category A or B. Documents must be properly identified with the student’s name and a corresponding California address. 

Category A (Documentation of Intent to become CA. Resident)

  • Possessing a California driver’s license or identification card.
  • Valid California Motor Vehicle Registration.
  • Documentation of Voter Registration and voting in California.
  • Licensing from California for professional practice.
  • California State income tax return filed as a resident (Form 540) from previous year coupled with employment pay stubs dated prior to the determination date of residency. Pay stubs must reflect the student’s employment.
  • Proof of jury duty service in a California court within the past year.
  • Selective Service registration with a permanent California address.  

Category B (Documentation of Physical Presence in CA.)
The documents presented must be valid, legible and cover the one year and one day period prior to the Residence Determination Date.  Multiple statements may be required to cover the one year and one day period.

  • Documentation of ownership and continuous occupancy of residential property or continuous occupancy of rented or leased property, in California, covering the one-year period prior to the Residence Determination Date.
  • Active membership in service or social club in California.
  • Showing California as home address on federal income tax return (Form 1040) from previous year.
  • Military records in student’s name showing California as the home of record (i.e. Copy of Orders, Military I.D., and DD214)
  • Statements from an active bank account in California; must provide statements dated prior to the determination date of residency and current statements to verify the account is still active. Quarterly statements for the previous year will be required to determine residency.
  • Petition for a divorce in California.
  • Receipts showing payment of non-resident tuition at an out-of-state institution (outside California) with a California permanent home address.
  • Utility bills (gas, water, power, telephone) covering the one-year period prior to the Residence Determination Date. E.g. At least one statement from each quarter for the year prior to the Residence Determination Date. Quarterly statements for the previous year will be required to determine residency.
  • Documentation of public assistance, rehabilitation, unemployment, or other California state services/benefits received from a California state agency covering the one-year period prior to the Residence Determination date.

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)