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Admissions and Records Office
RESIDENCY
Applicants who are not U.S. citizens,
or who are citizens but have resided in California for less than two
years, should bring proof of residency status with them when they
submit their application for admission. Non-citizens must show proof
of immigration status. Students must apply well in advance of the
start of the term in order to ensure their residency status will be
determined in time to register.
To be eligible to establish residency for the purpose of attending
a California community college, applicants must be citizens of the
United States or legal aliens with an immigration status which allows
them to establish domicile according to the laws of California. The
regulations regarding alien students are extensive and cannot be reprinted
here. Contact the Admissions and Records Office for information regarding
domicile requirements, documentation required and eligible immigration
status.
Students eligible to establish residency who have lived in California
for less than two (2) years prior to the start of the semester for
which they are applying, must clearly demonstrate the following:
| a. |
Intent
to make California their permanent residency at least one year
before the start of the semester. (T5 54024)
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| b. |
Physical presence
in California for at least one year immediately before the start
of the semester. (T5 45022)
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| c. |
Financial independence
from anyone who is not a California resident. (several requirements
must be met in this area) (T5 45032)
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One-Year Waiting Period: (T5 54028)
The residence period which a student must meet to be classified
as a resident does not begin to run until the student is present
in California and has manifested clear intent to become a California
Resident.
Residence Determination Date: (ECS
68060)
The residence determination date is the day immediately preceding
the opening day of instruction of the semester or summer term, during
which the student proposes to attend college.
Evidence of Intent: (T5 54024)
Actions which are consistent with the intent to make California
the place of permanent residence include, but are not limited to
at least two of the following:
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Obtaining a California
Driver’s License (or California I.D. card if no license
is held in any state)
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Registering in California
all vehicles owned
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Possessing a California
motor vehicle license plate
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Continuously occupying rented
or leased property in California
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Registering to vote in the
State of California
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Holding a California state
license for professional practice
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Assuming permanent employment
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Establishing and maintaining
active California bank accounts
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Having children in a California
public school
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Filing suit in a California
court
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Petitioning for divorce
in a California court
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Possessing a marriage license
in California
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Having paid nonresident
tuition in another state
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Filing taxes as a California
resident
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Owning residential property
in California for personal use
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Showing California on military
records (Leave and Earnings Statement)
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Active resident membership
in service or social clubs
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Indicating a California
address on California State and Federal income tax forms (i, e.,
W-2, 540, 1040)
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Possession of hunting or
fishing license as a resident of California
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Section 68062A of the California
Education Code states that a person may have only one principal
place of residence. Vehicle Code Sections 125-2 and 12505 require
that a resident obtain a California driver’s licensing within
10 days from the date of residence is established. Maintaining
an out-of-state license is considered inconsistent with the intent
to make California a place of permanent residence.
Note: The actions listed in
the preceding paragraph must have taken place at least one year before
the start of the semester for which the student is applying.
ACTIONS THAT CONSTITUTE A LACK OF INTENT:
(T5 54024; Voluntary Tax Assistant Program Guidelines of 1990, California
Franchise Tax Board)
Conduct inconsistent with a claim for California residence includes
but is not limited to:
| a. |
Maintaining voter registration
and voting in another state.
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| b. |
Being a petitioner for a
divorce or lawsuit as a resident of another state.
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| c. |
Attending an out-of-state institution
as a resident of that state.
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| d. |
Declaring nonresidence for California
income tax purposes. |
BURDEN OF PROOF:
(ECS 68041, T5 54026)
In the event that an applicant’s residency is in question,
it is the responsibility of the applicant to present clear proof
of residency. The burden of proof is on the student.
STUDENTS CLASSIFIED AS NON RESIDENTS:
Applicants who do not meet California residency requirements may
still apply; however, they will subject to nonresident tuition fees
in effect of the time of registration. Questions regarding residency
should be directed to the Admissions and Records Office.
RESIDENCY ISSUED UNDER CERTAIN SITUATIONS
(EXCEPTIONS)
(documentation required)
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Active duty military personnel
stationed in California
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Dependents of active duty
military personnel stationed in California
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Certain minors who remained
in California when their parents moved
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Full-time employees of the
college or a state agency, or a child or spouse of the full-time
employee.
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Certificated K-12 teachers
(must submit copy of teaching contract and copy of California
Multiple or Single Subject Credential)
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Agricultural Employees (check
with Admissions and Records – ECS 68100; T5 54048)
RESIDENCY OF A MINOR:
Unmarried minors (those younger than 18 years of age) are, by law,
incapable of establishing their own residences, notwithstanding
their physical presence within California. The Admissions Office
will use the following guidelines for determining a minor’s
residence.
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A minor’s residence
is the residence of the parent with whom the minor is living;
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If the minor is not living
with either parent, then the residence of the parent with whom
the minor last lived will be the residence of the minor.
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When the residence of a
minor student is derived from the parent, the durational requirement
(one year in California before the start of the semester for which
they are applying).
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A minor whose parents are
not living and who does not have a legal guardian may establish
his or her own residence.
EXCEPTION:
Exceptions to the above guidelines will be made under certain circumstances.
If a student would otherwise be classified as a nonresident, but fits
within one of the following exceptions, he or she may be granted resident
classification provided he or she has resided in California for one
year (prior to the start of the term for which he/she is applying)
with the intent of establishing residence (documentation required):
| a) |
A student who was not an
adult for more than one year before the start of the semester
may add the amount of time lived in California prior to his
or her eighteenth birthday (provided the student’s parent
was a California resident during the period), if any, to the
length of residence in California since that date to obtain
the durational requirement of one year.
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| b) |
Adult aliens who are in
the process of adjusting their status to a permanent resident
or who have been lawfully admitted as a permanent resident for
one year and one prior to the beginning date of the semester
(documentation required) and who has resided in California for
one year.
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| c) |
A student 19 years of age or older who
can document refugee or asylee status with the Immigration and
Naturalization Service (INS) (dated one year and one day prior
to the beginning date of the semester) and who has resided in
California for one year (students younger that 19 years of age
should review the first item above).
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| d) |
An adult alien who is in the process
of adjusting visa status to, or possesses one of the following
visas: A, E, G, H, I, H-4, I, K, L, O-1, R, or T dated at least
one year and one day prior to the beginning date of the semester
and who meets California residence criteria.
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| e) |
A student who is a minor (under the
age of 18) and who, immediately before enrolling at a California
educational institution, has lived with and was under the continuous
direct care and control under legal guardianship for at least
two years of any adult or adults (other than a parent) who had
established residence in California at least one year and one
day prior to beginning date of the semester (documentation required).
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For more information
regarding residence classification, exceptions, and examples of evidence
showing intent, please contact the Admissions and Records Office.
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