Rules Applying to Minors
The residence of the parent with whom an unmarried/unpartnered minor (under the age of 18) lives is the residence of the unmarried/unpartnered minor. When the minor does not live with either parent, the residence of the minor is that of the parent with whom the minor last lived. An unmarried/unpartnered minor may establish his or her own residence when both parents are deceased and a legal guardian has not been appointed, unless the minor is a non-citizen who is precluded by the Immigration and Nationality Act from establishing a domicile in the United States. The residence of an unmarried/unpartnered minor who has a parent living cannot be changed by the minor's own act, by the appointment of a legal guardian, or by the relinquishment of a parent's right of control.
Exceptions to Rules Applying to Minors:
- Divorced/Separated Parents
If you want to derive California resident status from a California resident parent, you must move to California to live with that parent before your 18th birthday and establish the requisite intent and remain in California until school begins. Otherwise, you will be treated like any other adult coming to California to establish your legal residence.
- Parent of Minor Moves from California
If the California resident parent(s) of an eligible minor moves from California, the minor may be entitled to resident classification as long as the minor enrolls full-time in a California public post-secondary institution within one calendar year of the parent's departure, and remains physically present in California. This classification may continue until the minor has attained the age of majority and has resided in California for the minimum time required to become a resident. Once the student attains the age of majority and maintains their residency, they may continue to have that classification as long as they are enrolled as a full time student. The financial independence requirement does not apply in this case.
- Self-Supporting Minor
Minor students who are U.S. citizens or eligible non-citizens may be eligible for resident classification if documentation of physical presence, intent to be a California resident, and self-support through the student's own employment or credit is provided for the entire calendar year prior to the residence determination date.
- Two-Year Care and Control
Minor students who are U.S. citizens or eligible non-citizens may be eligible for resident classification if they have lived with and have been under the continuous care and control of an adult or series of adults other than a parent for not less than two years. The requirements are:
- The student must have lived with an adult, or series of adults, other than a parent, for at least two years immediately prior to the Residence Determination Date;
- During this two-year period, the student must have been under the continuous direct care and control of these adults;
- During the one year immediately prior to the residence determination date, the adult or adults must have been residents of California;
- A student who is not a U.S. citizen or permanent resident must be eligible to establish residence once majority is reached;
- The student must be under age 18 at the time s/he enrolls; once enrolled, the student must maintain full-time attendance at a post-secondary institution. If the student has enrolled in more than one post-secondary institution, her/his attendance in all post-secondary institutions must amount to continuous and full-time throughout the prescribed period. If the student qualified for this exemption at a community college or campus of the California State University, s/he will continue to be eligible upon transfer to the University of California, as long as the student maintained continuous attendance.
- The student must live with the person having care and control and at no other address. No exceptions may be made to this requirement.