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California residence results from the union of physical presence with the intent to remain in the state, making it their permanent home for an indefinite period of time. Residence for education purposes is the location with which a person is considered to have the most settled and permanent connection. It is also a place where a person intends to return to during periods of temporary absence. The following criteria are used to make residency determinations.
- Persons capable of establishing residence in California must be physically present in the state for one year prior to the residence determination date to be classified as a resident student.
- Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.
Intent to establish California residence may be manifested in many ways, including but not limited to the following:
- Being the petitioner for a divorce in California.
- Establishing and maintaining active California bank accounts.
- Maintaining permanent military address or home record in California while in the armed forces.
- Paying of California state income tax as a resident.
- Possessing a California driver's license.
- Possessing a California motor vehicle license plate.
- Registering to vote and voting in California.
The residence period which a student must meet to be classified as a resident does not begin to run until the student is present in California and has manifested clear intent to become a California resident.
Residence Determination Date
The residence determination date is that day immediately preceding the opening day of instruction of the semester or summer intersession, during which the student proposes to attend college.
Burden of Proof
It is the student's responsibility to demonstrate clearly both physical presence in California and the intent to establish California residence.
American citizens or permanent residents of the U.S. who have not resided in California for more than the required period immediately preceding the residence determination date will be subject to non-resident tuition. Non-Immigrant Aliens: An alien who is in the U.S. under a non-immigrant classification such as B, C, D, F, H, J, or M cannot gain a residence status since their stay in the U.S. is only temporary.
Active Duty Military
Active duty military and their dependents are granted resident status for fee purposes for the duration of the student's enrollment at a California community college as long as the active duty member is stationed in California.