CA Resident Condit Bill - Instate Tuition

Colleges and Universities A-Z University of California - GENERAL
1

I have the below situation and would like to know if anyone has similar situation and if condit bill for instate tuition applies for this situation.

Parent 1 - Father is resident of CA since 2016. Paying taxes, CA license, etc…
Parent 2 - Mother is staying international along with daughter who studied and completed high school in international school.
Daughter admitted to UC. Does she qualify for instate tuition fee?
All three are US citizens.

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https://www.ucop.edu/residency/

3

From the residency policy:

ELEMENTS OF RESIDENCE

Residence can be established only by the union of physical presence and intent. Physical presence alone is insufficient; intent alone is insufficient.

  1. Physical Presence – Dependent and Independent Students

All Students, and Parents of Dependent Students, must provide objective evidence of a permanent Domicile and physical presence in California on a continuous basis for a period of at least one year immediately before the relevant RDD. Physical presence in California solely for educational purposes does not constitute the establishment of California residence, regardless of length of stay. Students or Parents whose absences exceed 6 weeks in total during this qualification period are presumed to be disqualifying. (refer to “Absences”); and

  1. Intent – Dependent Students

All Dependent Students and Parents must establish required legal ties to California through acquisition of applicable governmental evidence of intent by the relevant deadlines and failure to fulfill all four requirements is disqualifying. Further, any and all ties to the past place of residence must have been severed at least one year prior to the RDD for the relevant term. Refer to: “ Academic Year Deadlines to Acquire Governmental Evidence of Intent”.

A Dependent Student or Parent who takes steps to establish residence in California but whose activities and circumstances suggest temporary or indeterminate residence will be considered as Nonresidents for purposes of UC tuition. Such activities and circumstances include, but are not limited to, maintaining ties to and the continued maintenance of the prior residence, the Student is dependent on a nonresident parent including for purposes of FAFSA applications and income tax returns, and returning to the prior residence during periods of noninstruction.

Dependent Students - Required Governmental Evidence of Intent (subject to applicable deadlines below)

  • State of California Driver License or State of California Identification Card for nondrivers and the relinquishment of driver licenses or ID cards issued by other states;
  • Valid voter registration in California, if legally eligible to register;
  • State of California car registration for all motor vehicles owned by Students and/or Parents;
  • State of California tax return filed as “resident” status effective with date of declared California residency; tax returns amended after the submission of a Statement of Legal Residence, Petition for Reclassification, or issuance of a Nonresident Classification will not be accepted for the RDD term being evaluated; state and federal tax transcripts may be requested;
    2023-24 Academic Year Deadlines to Acquire Governmental Evidence of Intent *

2023-24 Academic Year

Fall Quarter 2023 Winter Quarter 2024 Spring Quarter 2024

Semester: (Berkeley, Merced)

Fall Semester 2023 Spring Semester 2024

Residence Determination Date

09/28/2023 01/08/2024 04/01/2024

08/23/2023 01/16/2024

Grace-period Deadline to Acquire: 12/09/22 - end of Fall Quarter 2022

03/24/23 - end of Winter Quarter 2023 06/16/23 - end of Spring Quarter 2023

12/16/22 - end of Fall Semester 2022 05/12/23 - end of Spring Semester 2023

  • Future Academic Residence Determination Dates and Deadlines are available in APPENDIX E.

She will have to pay non-residency fees for, at least, a year. She has to have been living in California, being physically present for at least one year prior to attending any UC to be considered a resident.

4

My first daughter got instate tuition with same situation in 2018 at a different UC.
My second daughter got denied because mother was out of country with daughter. Below is the reason they gave
A Parent who relocated to California must have severed any and all ties to their former residence
Can i appeal this since i am the parent paying her fees and i meet all the requirements for CA residency?

5

Thanks for the reply. Does she have to stay 365 days continuously to qualify for next year ? Can she take vacation?

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I read the PDF. In below point #4 It say’s parent and not parents. Since i meet requirement #4 my first daughter qualified and i was expecting my second daughter to be qualified as well.

D. SPECIAL CIRCUMSTANCES RESIDENT CLASSIFICATION

  1. Student Member of the U.S. Armed Forces – Student stationed in California, except if assigned for
    educational purposes, is eligible for a Contingent Resident Classification; refer to “Military Provisions”
  2. Student Dependent of a Member of the U.S. Armed Forces – Student Dependent of a member stationed in
    California is eligible for a Contingent Resident Classification; refer to “Military Provisions”
  3. California Ward of the Court or Foster Youth – Student who resides in California as of the Resident
    Determination Date for the relevant term and who is or was a dependent or ward of the court through the
    California Child Welfare System is eligible for a Resident Classification. Relevant documentation is required.
  4. Non-Resident Dependent of a California Resident (Condit Bill) – A Student who has a Parent who both
    satisfies the Residency Requirements and either claims the Student as a tax dependent or continually
    contributed court-ordered child support for the Student during the one year immediately before the
    Residence Determination Date shall be eligible for a limited-duration Residence Classification for one
    academic year. A Parent who relocated to California must have severed any and all ties to their former
    residence; refer to “Sec. III. C. 1./2” The Student may thereafter be eligible for a Resident Classification if the
    Parent continues to satisfy the Residency Requirements and the Student has demonstrated timely fulfillment
    of the Residency Requirements. This provision requires that Students submit a new SLR at the end of their
    Condit academic year per campus policy. Students who fail to concurrently fulfill the requirements will be
    reclassified as Nonresident which is not eligible for appeal review. Students who have lived in California for
    more than one year after turning age 18 are not eligible for this provision.
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When establishing CA residency, the dependent student cannot leave CA for more than 6 weeks during the first year. See page 14 under Additional provisions.

Was your first daughter living abroad with her mom and graduated from an International HS also? Same situation?

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yes, correct. same situation and she got approved for instate tuition. which is why i am confused.
Did anything change in Condit Bill between 2018 and now?
Can i appeal with her as an example?

9

I would try and appeal. I am not sure if anything has changed regarding the Condit Bill but you might want to contact the UC Office of General Counsel to get details regarding the denial first.

10

That’s right that YOU meet all of the requirements but, neither your daughter, nor her mother have been residents. Too many students have one parent living in the states, and the other lives abroad which impacts everyone who lives, works and studies in California. Your daughter doesn’t have a California ID? California license? Attends high school in California? Voter registrations? You’ve been living in California, but you/your wife have been supporting another country’s industry while resident students have been attending local high schools and living in California. It’s not the same.

They’ve updated and tried to streamline the residency requirements so that every student is on the same page. Note that the policy’s title page says “Revised, March 22, 2023”.

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Quoted from Condit Bill, “Students who have lived in California for
more than one year after turning age 18 are not eligible for this provision.” Do you know what it means?

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That statement is saying if you have been living in California for more than a year and over 18, you should have already established California residency by meeting the California residency requirements. There is no need to use the Condit bill.

If you have lived in California for more than a year and did not satisfactorily meet the conditions for residency listed by the Condit Bill and California residency, then you will be classified as a non-resident since the year is conditional.

This exemption expires after one full year. To maintain a residence classification once the exemption expires, you must have satisfied the “Physical Presence” and “Intent to Remain in California” requirements to establish your own residency during that year.