California Residency in General

Based on CACCRAO guidelinesPresented by Jeremy Allred

Dean of Admissions East Los Angeles College

What is Residency?

Not an Admission Factor: separate issue

Residency determines Tuition Rate: $26 to over $200 per unit

Resident Definition: CA Ed Code section 68017 A “resident” is a student who has residence, pursuant to Article 5 of this chapter in the state for more than one year immediately preceding the residence determination date.

When is Residency Determined?

New Students: at the time application for admissions are acceptedReturning Students: if student misses more than one semester of enrollment need to reapply to the collegeResidency Reclassification: previously classified non-residents may request reclassification before the start of the next term.

Residence Determination Date

Title 5 section 54002: the day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district government board, during which the student proposes to attend a college.

Does not matter when the course begins, One year and one day before the term begins.

Age and Residency Factors

CA Ed Code section 68061: every person who is married or 18 years of age or older, and under no legal disability to do so, may establish residency.

Under 18 (not married): based upon parent information (one year and one day)

19 or older: based upon student information

18 year old (tacking): based upon combined information from parents(< 18) and students (when 18) for the past year and one day

Establishing Residency

To establish residence, a person capable of establishing residence (student or parent) in CA must couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make CA and the United States their permanent domicile for the past one year and a day.California Physical Presences Not precluded by Homeland Security from establishing domicile in the United States

CA Physical Presence

Must be physically present in CA for one year prior to the residence determination date

Temporary Absence: vacation, business, education will not lose CA residency if INTENTED to return to CA

Physical Presence in CA only for educational purpose does not establish CA residency.

Precluded from Establishing Permanent Domicile in US

Undocumented: does not ban college admission (AB540, non-resident tuition exemption)

Temporary Visa: B (tourist), F (student), J (cultural exchange), M (vocational), P (artist), D (crew member)

Union of Act and Intent

Mainly Based on Self Certification Information on the Admission Application

Supporting Documents in Residency Appeal

Two Year Rule: a student who is 19 years or older and who has maintained a home in CA continuously for the last two years shall be presumed to have the intent to make CA their home unless inconsistent conduct.

Inconsistent Conduct for CA Residency

Maintaining voter registration and voting in another state

Being the petitioner for a divorce in another state

Attending an out-of-state institution as a resident of that other state

Declaring non-residence for state income tax purposes.

Objective Documents Establishing CA Residency for Appeals

Generally ask for two supporting documents for CA physical presence (showing physical presence before residency determination date and continual physical presence in California

and one supporting document for permanent domicile (US): taken steps to make US permanent home (over one year and one day)

CA Objective Manifestations of Intent

CA Ownership of property or continuous rent/lease

Register to vote and voting in CA

CA Licensing (real estate, nursing)

Active Membership in service or social club

Presence of spouse, children or other close relative in State

CA home address on federal income tax form

CA Objective Manifestations of Intent

CA tax return as resident

CA motor vehicle license plates / Driver’s License

Establishing and maintaining active CA bank account

Petitioner for a divorce in CA or other court case

Other Documents Requested by Registrar

US Permanent Domicile

Eligible: US Citizen, Permanent Residence, Asylum, Amnesty

Some Visas: A,G (foreign government officials); E (investor); H (worker); K (marriage)

Documentation: residence card effective date, immigration receipt date, Notice of Action date (over one year and one day)

Questions?