Residence Determination and Appeal Procedure
The following information is provided to advise students of the steps that must be taken to establish and maintain California residency. This information is taken directly from T5 CCR 54000-54045.
Please read this information. Then complete the Residence Reclassification Request Form.
Timeline: Residency reclassification reviews are not completed on demand and may take up to a week depending on volume.
RESIDENCE: That location with which a person is considered to have the most settled and permanent connection; it is also that place where that person intends to remain, and during absences intends to return. Residence results from the union of physical presence with objective evidence that the intent is to remain at that place for an indefinite period of time.
BURDEN OF PROOF: The burden of proof lies with the STUDENT to demonstrate clearly both physical presence in California and intent to establish a California residence.
- Physical Presence: A person capable of establishing residence in California must be physically present in California for one year and one day prior to the residence determination date (1st day of the term) to be classified as a resident for that term.
- Intent: The law and regulations require both physical presence and the intent of the student to make a home in California. Physical presence in the state solely for educational purposes does not constitute the establishment of California for residence regardless of the length of presence.
- Lease or rental agreements.
- California Voters registration.
- Licensing from California for professional practice.
- Possessing a California driver’s license.
- Being the petitioner for a divorce in California
- Ownership of residential property.
- Maintaining a permanent military address of home of record as California.
- Bank statements
- Continuous presence in California except for absences, which can be explained without conflicting with establishment of residence.
- Financial Independence: A student who is classified as a non-resident, has established financial independence, may be classified as a resident if the student has met the requirements of CCR 54020 for one year prior to the residence determination date. In order to change from non-resident to resident, a student’s circumstances, the following affidavit forms are available
a. Student out of state/Parents/ legal guardian out of state
b. Student out of state/Parents/ legal guardian in California
c. Student out of state/Over 25 and/ or married
d. Non citizen student/Change of visa/time in California
- Financial Dependence: If the student is under 24 years of age and financially supported by a parent or Legal Court Appointed Guardian. Then the student would show the parents CA taxes with the student as a dependent and other proof in parents name.
- Military and Dependents: Students who are active duty members of the Armed Forces of the United States are classified as residents while stationed in California. Military dependents are entitled to resident classification until they have resided in California the minimum time to become a resident (one year & one day). After the minimum time period, the student must show that their intent to become a resident is clearly established.
- Residence Determination: The College shall notify each student of his/her residence classification not later than 14 days after the beginning of the term, or 14 days after the student’s application for admission, whichever is later.
- Non-Citizens: Aliens precluded by the Immigration and Nationality Act from establishing residence, no matter the length of stay in California, are those with C,D,F,H2,H3,J,O2,P,Q,S,TC,TN,TD,TWOV and WT visas. Undocumented aliens and out of status aliens may not establish residence.
Aliens eligible to establish residence include those with A, E, G, H1, H4, I, K, L1, L2, N, S, T1MT2, T3, T4, U, V, O1, O3, and R visas. Permanent residents (green card), those granted amnesty or refugee status, those in temporary protected status, and those in the family unity program may be permitted to establish residence. Check at the Admissions Office for requirements.
If you have any questions concerning your residence status please contact Barry Johnson at 408. 864.8722 or email email@example.com. If you are unsure of your status or feel that you have been misclassified as a non-resident, you may bring your passport, visa and/or related paperwork to the Admissions and Records Office for review.
Revised January 7, 2015