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How To Establish Residency In California For Community College

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Veterans Access Choice And Accessibility Act :

How To Establish In-State Residency for Out of State Colleges – The Benefits and the Process
  • Education Code 68075.7

Under the federal Veterans Access, Choice and Accountability Act , covered individuals are exempt from paying nonresident tuition in order to maintain their VA approval to administer GI Bill educational benefits. Covered individuals are defined as persons who reside in California and are:

  • Military veterans eligible for the Montgomery GI Bill-Active Duty or Post 9/11 GI Bill educational benefits programs who had at least 90 days of active duty service and enroll within three years of their honorable discharge
  • Individuals eligible to receive transferred educational benefits under either the MGIB-AD or Post 9/11 GI Bills who enroll within three years of the transferors honorable discharge from a period of at least 90 days active duty.
  • Individuals, eligible for transferred Post-9/11 G.I. Bill benefits while the transferor is on active duty who reside in California as described in 38 USC 3679. The 3-year enrollment period limitation does not apply to eligible dependents of active duty service members.
  • How To Go To Community College In California For Free

    • How to Go to Community College in California for Free

    Having a formal education can open up doors to more job opportunities and serve as the starting point for career success. Unfortunately, higher education in the United States is expensive. Community colleges are dedicated to providing practical, quality education to students at affordable rates. This is a great option for many students. The average tuition for community college is less than half the cost of a public university.

    In some states, you may even be able to attend community college for free. Many California community colleges offer free tuition options to help you get the knowledge and skills you need for a brighter future without breaking the bank. This article details free tuition options in California and explains how you can take advantage of them.

    Additional Exceptions And Information:

    • Students who are nonimmigrants who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8 of the United States Code, sections 1101 or are eligible for this exemption.
    • Students who are nonimmigrants, other than those with T or U visa status as noted above, are not eligible for this exemption.
    • The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.
    • Students eligible for this exemption who are transferring to another California public college or university must submit a new request to each college under consideration.
    • Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be nonresidents.
    • The California Dream Act extends Cal Grant A and B Entitlement awards, Cal Grant C awards, Chaffee grants, and institutional financial aid to students that meet these criteria as well as the applicable criteria for eligibility for specific types of financial aid.
    • AB540 does not provide federal student financial aid eligibility for undocumented students. These students remain ineligible for federal financial aid.

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    Who Is Considered A Non

    Students who do not meet 1 of the California residence requirements above are required to pay the nonresident tuition fee in addition to the enrollment fee paid by all students. Non-California resident students include:

  • Minors whose parent/legal guardian reside outside of California, even if such the minor has lived in California for 1 year or more.
  • Students who are financially dependent on parent or legal guardian who reside outside of California, even if such the student has lived in California for 1 year or more.
  • Students holding visas that prevent them from establishing residency in the United States may be restricted in their enrollment and will have to pay non-resident tuition. Students who are citizens and residents of another country are also required to pay an additional per unit capital outlay fee.
  • Exceptions authorized by the State of California:

  • Active military personnel are exempt from the nonresident tuition fee, provided they are in California for a purpose other than attending a state-supported institution of higher learning .
  • Dependents of military personnel stationed on active duty in California are given a waiver of non-resident fees.
  • To apply for any of the above exceptions, fill out the AB540 form or affidavit. Make sure to return it to the BCC Admissions and Records Office.
  • Conduct Precluding California Residency

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    • Possessing a drivers license or state identification, and/or vehicle registration in another state.
    • Being a petitioner in a divorce or lawsuit as a resident in another state.
    • Attending an out-of-state educational institution as a resident of that state.
    • Presence in the United States as a citizen of another country with a nonresident visa.
    • Filing or paying taxes as a resident of another state or country.

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    Establishing Physical Presence And Intent

    To meet these requirements, you must be continuously physically present in California for more than one year immediately prior to the residence determination date and intend to make California your home permanently. You must demonstrate your intention to stay in California by relinquishing legal ties to your former state and establishing legal ties to California.

    Here is how to establish intent:

    • Remain in California when school is not in session.
    • Register to vote and vote in California elections.
    • Designate your California address as permanent on all legal matters such as school and employment records, including current military records, taxes, bank statements, etc.
    • Obtain a California driver’s license within 10 days of settling in California, and no later than the campus deadline.
    • If you own a car, obtain a California motor vehicle registration within 20 days of settling in California.
    • Work in California and file California resident income tax returns effective from the date of residency in the state. Income earned outside of California after that date must also be declared in California.
    • Surrender all out-of-state identification .
    • Establish a permanent home in California where your belongings are kept.
    • Obtain a license for professional practice in California, if applicable.

    You will need to relinquish out-of-state ties and demonstrate intent while simultaneously meeting the physical presence requirement.

    Requirements For Resident And Nonresident Students

    Each person applying to a California community college must be classified as a resident or nonresident. Resident tuition is reduced through support from the taxpayers of this community college district and the state of California. Nonresidents are required to cover the full costs of their tuition and therefore pay a higher rate. This page is designed to help define resident versus nonresident, how to apply for residency if you feel you are eligible for reclassification, and offer an opportunity for reduced tuition through the adoption of Assembly Bill 540.

    A resident student is an individual who has lived in California for at least one year and one day prior to the beginning of a semester, and has taken steps to establish residency within the state.

    A nonresident student is a person who has resided in the state for less than one year prior to the beginning of the semester, may have been in California for more than a year but took actions that dont support the establishment of residency, or may be in the United States on a visa that precludes them from being classified as a resident. Most foreign students admitted to the United States under a student visa cannot establish residency. The only exception is under the provisions of AB 540* .

    This exemption applies to the following:

    Documentation Information

    The documents that are provided must be a year and one day prior to the date the semester begins in which the student is seeking reclassification.


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    California Residence Requirements For Minors

    The residence of a minor is determined in accordance with the following, per California Education Code and Title 5:

  • The residence of the parent with whom an unmarried minor lives is the residence of that minor, regardless of the length of time the minor has resided with that parent. This rule applies equally to a minor whose parents have permanently separated.
  • A married minor may establish their own residence. A minor who has married but thereafter divorced retains the capacity to establish their own residence. A minor whose marriage has been annulled must be treated as an unmarried minor since, for all intents and purposes, a marriage has not occurred.
  • If the minor lives alone, they take the residence status of the parent with whom they last lived.
  • If both parents are deceased and there is no court-appointed guardian, then the minor may establish residence as though they were an adult.
  • The residence of an unmarried minor who has a living parent cannot be changed by the minor’s own act, by the appointment of a legal guardian, or by relinquishment of a parent’s right of control.
  • A student who has been adult for less than a full year may under certain circumstances combine the immediate pre-majority derived California residence with the immediate post-majority California residence to satisfy the one year necessary for residency classification.
  • Sb 141 Us Citizen Children Of Deported Parent:

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    • Education Code 76140

    Effective January 1, 2014, districts are required to exempt from nonresident tuition a nonresident student who is a U.S. citizen and meets all of the following requirements:

  • Demonstrates a financial need for the exemption
  • Has a parent or guardian who has been deported or was permitted to leave voluntarily under the federal Immigration and Nationality Act
  • Moved abroad as a result of the parent/guardian departure
  • Lived in California immediately before moving abroad
  • Attended public or private high school in California for at least three years
  • Upon enrolling, will be in his/her first academic year as a matriculated student in a California public college or university
  • Will be living in California and will file an affidavit with the college that he/she intends to establish residency in California as soon as possible
  • Provides documentation as required by statute under EC 76140
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    Factors Considered To Determine Residency

    A persons presence in California and the factors below are considered in determining California residency. No one factor determines residency.

    • Being licensed to practice a profession in California
    • Filing California State Income taxes as a resident
    • Having an active checking and/or savings account in a California bank
    • Having paid nonresident tuition in another state
    • Owning residential property in California for personal use and currently residing on that property
    • Possessing a California Drivers License and a vehicle registered in California
    • Showing proof of employment in California
    • Possessing a divorce decree issued in California
    • Voting in California
    • Showing California as home of record on military records
    • Being an active military member, military veteran, or a military dependent

    Who Is A California Resident

    If you are an adult student , you can establish residence for tuition purposes in California if:

    • You are a U.S. citizen
    • You are a permanent resident or other immigrant, or
    • You are a nonimmigrant who is not precluded from establishing a domicile in the United States. Nonimmigrants who are not precluded from establishing domicile in the U.S. include those who hold valid visas of the following types: A, E, G, H1, H4, I, K, L, O1, O3, R, or V
    • You have been conferred lawful presence in the U.S. through Deferred Action for Childhood Arrivals and hold an approved I-821D.

    To establish residence for tuition purposes, you must satisfy 3 conditions:

  • Financial independence
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    How To Request For Reclassification

    To petition for CA residency review, please contact our Residency Team via email and provide the necessary documents as indicated above.

    All documents submitted for residency review must have the student’s name or parents’/legal guardians’ names, CA address , and must be dated on or before the determination date to qualify for that semester.


    Establish Financial Independence From A Non

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    Students under 19 years of age and unmarried typically derive California residency from their parents. The parents must meet the eligibility requirements and provide documentation demonstrating physical presence in California and intent to make California their permanent residence. Note: Students older than 19 usually do not derive residency from a parent.

    Alternatively, students seeking reclassification from non-resident to resident status can show financial independence from any non-resident parent or guardian according to guidelines set forth by the State of California.

    To establish financial independence, a student seeking reclassification must show the extent to which they have met the following criteria for the current and each of the immediately preceding three calendar years:

  • The student has not been claimed as an exemption for state or federal tax purposes by their non-resident parents.
  • The student has not received more than $750 from their non-resident parents.
  • The student has not lived in the home of their non-resident parents for more than six weeks in any given year.
  • Financial independence, or want of it, for the second and third calendar years immediately preceding the year in which reclassification is requested will be considered together with all other relevant factors in determining intent, with no special weight attached to the financial independence factor. Evidence of financial independence may be presented in the form of:

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    Proving Residency For Tuition Purposes

  • 1Live in California for at least 366 days prior to applying for residency. University tuition is much lower for residents, but to receive this tuition you must show that you intend to make California your home. To be considered a full-time California resident, you must have lived in the state for a year and a day prior to applying for residency status.XResearch source
  • Students who were born out of the country must also meet INS requirements for residency in the United States. Paperwork should prove that they have been living in the United States for at least 366 days, coinciding with their move to California.XResearch source
  • If you are an immigrant, you may be eligible for residency status if you are a permanent resident alien or an adult alien with a legal status that allows you to stay in the country after graduation. You must also meet the other residency requirements that all students must meet.XResearch source
  • 2Terminate your ties to your prior state. If you want to be considered a citizen of California, you cant retain your citizenship to your prior state. This means that all of your personal documents must be transferred to California, and all of your belongings must be present in the state.
  • For example, you cant maintain two homes in different states, yet apply for residency status.XResearch source
  • Provide a copy of California license or ID.
  • Prove you have a legal residence in the state.
  • Show that your car is registered and insured in California.
  • Legal Status Physical Presence Intent & Financial Independence

    To establish residency, a student needs to meet the three conditions below, subject to verification by submitting the Residency Reclassification Questionnaire and supporting documentation. The burden of proof to demonstrate legal status, physical presence, intent to establish residency in California, and financial independence is on the student .

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    Ii Determination Of Residence

  • Residence. The following rules are used to determine place of residence:
  • Every person has, in law, a residence.
  • Every person who is married or 18 years of age or older may establish a residence.
  • There can be only one residence.
  • Residence is the place where one remains when not called elsewhere for labor or other special or temporary purposes, and to which one returns in seasons of repose.
  • A residence cannot be lost until another is gained.
  • Residence can be changed only by the union of act and intent.
  • A man or woman may establish his or her residence.
  • Adults. Persons 18 years of age or older may establish residence in accordance with Section A and C .
  • Minors. Persons under 18 years of age may establish residence in accordance with the following:
  • A married minor may establish his/her own residence.
  • If the parents are separated permanently, the residence of the minor is the residence of the parent with whom the minor lives.
  • If both parents are deceased and there is no court-appointed guardian, the minor may establish his/her own residence.
  • The residence of an unmarried minor who has a parent living cannot be changed by his or her own act, by the appointment of a legal guardian or by relinquishment of a parent’s right of control, unless the minor qualifies for the two-year care and control or the self-support exception.
  • Exceptions
  • A student who is an apprentice, as defined in Section 3077 of the Labor Code, will be entitled to “resident” classification.
  • Can My Residency Status Change

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    Students incorrectly classified as California residents or incorrectly granted an exception from nonresident tuition by the University are subject to reclassification to nonresident status and payment of nonresident tuition in arrears. If incorrect classification results from false or concealed facts, the student is subject to discipline pursuant to Section 41301 of Title 5 of the California Code of Regulations.

    Resident students who become nonresidents or who no longer meet the criteria for an exception must immediately notify the Registrar’s Office.

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    Military Persons Eligibility For Residency

    Members of the armed forces stationed on active duty in California are considered instate for tuition purposes. Spouses and dependents of an armed force member stationed on active duty in California shall be entitled to instate tuition for the duration of the student’s enrollment at the California Community College. Fill out the California Residency Questionnaire and submit supporting documentation to the Admissions & Records office to be reclassified as Military Personnel for tuition purposes.

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