Appendix A: California Residency and Nonresident Tuition Fee

Note: Effective Spring 2005, registered domestic partners are included in rules that apply to spouses.

If you have not been living in California with intent to make it your permanent home for more than one year immediately before the residence determination date for each term in which you propose to attend the university, you must pay a Nonresident Tuition Fee in addition to all other fees (go to Undergraduate Budget, 2005-06, or Graduate Student Fees, 2005-06 for more information). The residence determination date is the day instruction begins at the last of the University of California campuses to open for the quarter, and for schools on the semester system, the day instruction begins for the semester.

Law Governing Residence
The rules regarding residence for tuition purposes at the University of California are governed by the California Education Code and implemented by Standing Orders of the Regents of the University of California. Under these rules, adult citizens and certain classes of aliens can establish residence for tuition purposes. There are particular rules that apply to the residence classification of minors (see below).

Who Is a Resident?
If you are an adult student (at least 18 years of age), you may establish residence in California if:

(1) You are a U.S. citizen.

(2) You are a permanent resident or other immigrant.

(3) You are a nonimmigrant who is not precluded from establishing a domicile in the U.S. This includes nonimmigrants who hold valid visas of the following types: A, E, G, H-1, H- 4, I, K, L, O-1, O-3, R, or V.

To establish residence you must be physically present in California for more than one year, and you must come here with the intent to make California your home as opposed to coming to this state to go to school. Physical presence within the state solely for educational purposes does not constitute the establishment of California residency, regardless of the length of stay. You must demonstrate your intention to make California your home by severing your residential ties with your former state of residence and establishing those ties with California. If these steps are delayed, the one-year durational period will be extended until you have demonstrated both presence and intent for one full year. Your residence cannot be derived from your spouse nor, since you are an adult, from your parents. Likewise, a registered domestic partner does not derive residence from the other registered domestic partner.

Requirements for Financial Independence
Effective fall 1993, if your parents are not residents of California, you are required to be financially independent in order to be a resident for tuition purposes. You are considered “financially independent” if one or more of the following applies:

(1) You are at least 24 years of age by December 31 of the calendar year for which you are requesting resident classification.

(2) You are a veteran of the U.S. Armed Forces.

(3) You are a ward of the court or both parents are deceased.

(4) You have legal dependents other than a spouse or a registered domestic partner.

(5) You are married, a registered domestic partner, or a graduate student or a professional student, and you were not/will not be claimed as an income tax deduction by any individual other than your spouse or domestic partner for the tax year immediately preceding the term for which you are requesting resident classification.

(6) You are a single undergraduate student and you were not claimed as an income tax deduction by your parents or any other individual for the two tax years immediately preceding the term for which you are requesting resident classification, and you can demonstrate self-sufficiency for those years and the current year.

Note: Financial independence is not a factor in determining residence status for graduate student instructors, graduate student teaching assistants, research assistants, junior specialists, postgraduate researchers, graduate student researchers, and teaching associates who are employed 49 percent or more of full time or awarded the equivalent in university-administered funds (e.g., grants, stipends, fellowships) for the term for which resident classification is sought.

Establishing Intent for California Residency
Indications of your intent to make California your permanent residence can include the following: registering to vote and voting in California elections; designating California as your permanent address on all school and employment records, including military records if you are in the military service; obtaining a California driver’s license or, if you do not drive, a California identification card; obtaining California vehicle registration; paying California income taxes as a resident, including taxes on income earned outside California from the date you establish residence; establishing a California residence in which you keep your personal belongings; and licensing for professional practice in California. The absence of these indicia in other states during any period for which you claim California residence can also serve as an indication of your intent. Documentary evidence is required and all relevant indications will be considered in determining your classification. Your intent will be questioned if you return to your prior state of residence when the university is not in session.

General Rules Applying to Minors
If you are an unmarried minor (under age 18), the residence of the parent with whom you live is considered to be your residence. If you live with neither parent, your residence is that of the parent with whom you last lived. Unless you are a minor alien present in the U.S. under the terms of a nonimmigrant visa which precludes you from establishing domicile in the U.S., you may establish your own residence when both parents are deceased and a legal guardian has not been appointed. If you derive California residence from a parent, that parent must satisfy the one-year durational/intent requirement.

Specific Rules Applying to Minors

(1) Parent of minor moves from California. You may be entitled to resident status if you are a minor U.S. citizen or eligible alien whose parent(s) was a resident of California who left the state within one year of the residence determination date if:

(a) you remained in California after your parent(s) departed;

(b) you enrolled in a California public postsecondary institution within one year of your parent(s)’ departure; and

(c) once enrolled, you maintain continuous attendance in that institution. Financial independence is not required in this case.

(2) Self-support. You may be entitled to resident status if you are a U.S. citizen or eligible alien and a minor and can prove the following:

(a) you lived in California for the entire year immediately preceding the residence determination date;

(b) you have been self-supporting for that year; and

(c) you intend to make California your permanent home.

(3) Two-year care and control. You may be entitled to resident status if you are a U.S. citizen or eligible alien and you have lived continuously with an adult who is not your parent for at least two years prior to the residence determination date. The adult with whom you are living must have been responsible for your care and control for the entire two-year period and must have been residing in California during the one year immediately preceding the residence determination date.

Exemptions from Nonresident Tuition
You may be entitled to an exemption from nonresident tuition if one of the following applies to you. Some of the exemptions are for a limited period of time. Check with the Campus Residence Deputy for more information:

(1) Member of the military; spouse, registered domestic partner, or any other dependents of military personnel. A student who is a member of the U.S. military stationed in California on active duty, unless assigned for educational purposes to a state-supported institution of higher education; the spouse, registered domestic partner, or natural or adopted child or stepchild who is a dependent of a member of the U.S. military stationed in California on active duty. The exemption is available until the student has lived in California long enough to become a resident.

(2) Child, spouse or registered domestic partner of a faculty member. To the extent that university funds are available, a student who is the unmarried, dependent child under the age of 21 or the spouse or registered domestic partner of a University of California faculty member who is a member of the Academic Senate.

(3) Child, spouse or registered domestic partner of a university employee. A student who is the unmarried, dependent child under the age of 21 or the spouse or registered domestic partner of a full-time employee of the University of California who is permanently assigned to work outside the state of California (i.e., Los Alamos National Laboratory).

(4) Child, spouse or registered domestic partner of a deceased public law enforcement or fire suppression employee. A student who is a child, spouse or registered domestic partner of a deceased public law enforcement or fire suppression employee, who was a California resident and was killed in the course of law enforcement or fire suppression duties.

(5) Dependent child of a California resident. A student who has not been an adult resident for more than one year and is the natural or adopted dependent child of a California resident who has been a resident for more than one year immediately prior to residence determination date. The student must also maintain full-time attendance in a California public postsecondary institution. The exemption is available until the student has lived in California long enough to become a resident.

(6) Graduate of a California school operated by the Federal Bureau of Indian Affairs (B.I.A.). A student who is a graduate of a California school operated by the B.I.A. (i.e., Sherman Indian High School) and who enrolls at the University of California.

(7) Employee of California public school district. A student holding a valid credential authorizing service in California public schools and employed by a school district in a full-time certificate position may be exempt from nonresident tuition.

(8) Student athlete in training at U.S. Olympic Training Center, Chula Vista. An amateur student athlete in training at the U.S. Olympic Training Center in Chula Vista may be exempt from nonresident tuition until he or she has resided in California the minimum time necessary to become a resident.

(9) Graduate of California high school. A student who attended high school in California for three or more years (9th grade included) and graduated from a California high school (or attained the equivalent) may be exempt from nonresident tuition. You are not eligible for this exemption if you are a nonimmigrant alien.

(10) Congressional Medal of Honor recipient. An undergraduate student under age 27 who is the recipient of the Congressional Medal of Honor or a child of a recipient who at the time of his or her death was a California resident.

(11) Surviving dependent of California resident killed in 9/11 terrorist attacks. Undergraduate student who is the surviving dependent of a California resident who was killed in the 9/11/01 terrorist attacks on the World Trade Center, the Pentagon Building, or the crash of United Airlines Flight 93.

Temporary Absences
If you are a nonresident student who is in the process of establishing a residence for tuition purposes and you return to your former home during noninstructional periods, your presence in the state will be presumed to be solely for educational purposes and only convincing evidence to the contrary will rebut this presumption. Students who are in the state solely for educational purposes will not be classified as residents for tuition purposes regardless of the length of their stay.

If you are a student who has been classified as a resident for tuition purposes and you leave the state temporarily, your absence could result in the loss of your California residence. The burden will be on you (or on your parents if you are a minor) to verify that you did nothing inconsistent with your claim of a continuing California residence during your absence. Steps that you (or your parents) should take to retain a California residence include:

(1) Continue to use a California permanent address on all records—educational, employment, military, etc.

(2) Continue to satisfy California tax obligations. If you are claiming California residence, you are liable for payment of income taxes on your total income from the date that you establish your residence in the state, including income earned in another state or country.

(3) Retain your California voter’s registration and vote by absentee ballot.

(4) Maintain a California driver’s license and vehicle registration. If it is necessary to change your driver’s license or vehicle registration, you must change them back within the time prescribed by law.

Petitioning for Change of Classification
You must petition in person at the Office of the Registrar for a change of classification from nonresident to resident status. All changes of status must be initiated prior to the first day of classes for the term for which you intend to be classified as a resident.

Time Limitation on Providing Documentation
If additional documentation is required for residence classification but is not readily accessible, you will have until the end of the applicable term to provide it.

Incorrect Classification
If you are incorrectly classified as a resident, your classification will be corrected and you will be required to pay the nonresident tuition you have not paid. If you concealed information or furnished false information and were classified incorrectly as a result, you are also subject to university discipline. Resident students who become nonresidents must immediately notify the campus residence deputy.

Inquiries and Appeals
Inquiries regarding residence requirements, determination, and/or recognized exceptions should be directed to the residence deputy, Office of the Registrar, 190 Hahn Student Services Building, University of California, Santa Cruz, 1156 High Street, Santa Cruz, CA 95064-1077, (831) 459- 2754, or to the Principal Administrative Analyst–Residence Matters, Office of the General Counsel, 1111 Franklin Street, 8th Floor, Oakland, CA 94607-5200. No other university personnel are authorized to supply information relative to residence requirements for tuition purposes.

You are cautioned that this summary is not a complete explanation of the law regarding residence. Note that changes may be made in the residence requirements between the publication of this statement and the relevant residence determination date. Any student, following a final decision on residence classification by the residence deputy, may appeal in writing to the Principal Legal Analyst within 30 days of notification of the residence deputy’s final decision.

Privacy Notice
All of the information requested on the Statement of Legal Residence form is required (by the authority of Standing Order 110.2 (a)–(d) of the Regents of the University of California) for determining whether or not you are a legal resident for tuition purposes. You have the right to inspect university records containing the residence information requested on this form. The records are maintained by the Office of the Registrar, 190 Hahn Student Services Building, University of California, Santa Cruz, 1156 High Street, Santa Cruz, CA 95064-1077, (831) 459-2754.