For Students Seeking Resident Classification
Some Examples of Indicators of Intent
Financial Independence
For Students Seeking Resident Classification
To be classified as a resident for tuition purposes, an adult student
(18 years or older by the residence determination date for the applicable
semester) who is a US citizen or an eligible noncitizen must have:
1) relinquished his/her prior residence and 2) been physically present and
established residence in California for more than one (1) year immediately
preceding the residence determination date. The residence of a minor is
derived from the parent(s) with whom the minor last resided.
Physical presence alone is NOT sufficient. An adult student must DOCUMENT
that his/her year of physical presence in this state is consistent with
his/her intention to make California his/her permanent home. If these steps
are delayed, resident status will be postponed until ALL the criteria have
been demonstrated for a minimum of one (1) year. Physical presence in
California solely for educational purposes does not result in classification
as a California resident under State Law, regardless of the length of stay.
The student must also demonstrate financial independence.
Evidence of the following criteria of intent must be provided. Documents must
be DATED to verify the appropriate action was taken at least one (1) year
prior to the beginning of the semester in which the resident status is
desired.
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 your residence. If you have a
parent living, you cannot change your residence by your own act, by the appointment of a legal guardian, or by the relinquishment of a parent's right
of control. 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 status which precludes you from establishing domicile in the U.S., you may establish your own
residence when both your parents are deceased and a legal guardian has not been appointed. If you derive California residence from a parent, that
residence must satisfy the one-year durational requirement.
Some Examples of Indicators of Intent
- Remaining in California when school is not in session.
- Registering to vote and voting in California elections.
- Designating California as permanent address on all school and employment
records including current military records.
- Obtaining a California Driver's License within ten (10) days of settling
in California.
- Obtaining a California motor vehicle registration within twenty (20) days of
settling in California.
- Working in California and filing California resident income tax forms
from the date of entry into the State. Income earned outside of the State
thereafter must also be declared in California.
- Establishing and maintaining active bank accounts in California banks and
closing out-of-state accounts.
- Surrendering all out-of-state identification and driver's license.
- Establishing a permanent abode where one's belongings are kept.
- Licensing for professional practice in California.
Intent is by no means limited to the above items. Though all of the
aforementioned indicators may not be relevant in every case, evidence should
be consistent to show that residence has been established in California AND
RELINQUISHED in all other states. Remaining in California during nonacademic periods
is a strong indicator of intent. Your intent will be questioned if you are a nonresident
who is in the process of establishing California residency for tuition purposes and you
leave California for more than a month during the summer preceding the term in which you
are establishing resident status for tuition purposes. Graduate and law students who must
leave for nonacademic-related reasons for more than a month during the summer should visit
the Residence Affairs office at 120 Sproul Hall to seek advice prior
to leaving and filing for classification. If you are a student who has
been classified as a resident, via petition, for tuition purposes and you
leave the state temporarily, your absence could result in the loss of
your California residence. All information supporting a claim of California residency
will be considered in the classification determination.
Financial Independence
Effective Fall semester 1993, students who have not been previously enrolled
in a regular (not summer session or UC extension) session at a UC campus will
be classified as residents if and only if they meet the financial independence
requirement , as well as the physical presence and intent requirements
(listed on the front of this page). Students who are financially dependent
upon California resident parents are exempt from the financial independence
requirement.
A student is considered "financially independent" if he or she:
a) is at least 24 years of age by December 31 of the calendar year
resident classification is sought;
b) is a veteran of the U.S. Armed Forces;
c) is a ward of the court or both parents are deceased;
d) has legal dependents other than a spouse;
e) is married or a graduate student*, and was not claimed as an income
tax deduction by his or her parents or any other individual for the tax year
immediately preceding the term for which the request for resident
classification is made; or
f) is a single undergraduate student, and was not claimed as an income
tax deduction by his or her parents or any other individual for the two tax
years immediately preceding the term for which the request for resident
classification is made, and demonstrates self-sufficiency for the two years
and the current year.
Note: The financial independence requirement will not be a factor in
determining residence status for graduate student instructors, graduate
student teaching assistants, research assistants, junior specialists,
post-graduate researchers, graduate student researchers, and teaching
associates who are employed at UC for 49% or more of full time (or awarded
the equivalent in University-administered funds, e.g. grants, stipends,
fellowships) in the term for which resident classification is sought.
The student is cautioned that this summation is not a complete explanation of
the laws regarding residence. Please note that changes may be made in the
residence requirements between the publication date of this statement and the
relevant determination date. Non-citizen students should consult the
Residence Affairs Officer for information regarding special criteria in
determining residency eligibility. If you have questions, call
(510) 642-5990. At the campus level, the Residence Affairs Officer
is the only person qualified to answer residence questions or to make a
residence determination. No other University personnel is authorized to
supply information relative to residence requirements for tuition purposes.