My child was born in California and is a U.S. citizen. I have been working in California and paying taxes for 10 years. My child is 2 years old and has always been in California since born. We are planning to live abroad from next year. Wondering after my child finishes high school in other country, can he be considered as in-state student if applying for public colleges in California?
How long will you be living abroad before your kid goes to college? It sounds like a LONG time.
Being born and living in CA for 2 years (your child) won’t give them CA residency for tuition purposes 16 years from now if your primary residence is not in CA.
I see, it requires the applicant to have CA residency when they applying colleges, having that in history doesn’t help. Thanks.
Correct. What you did when you were two years old doesn’t matter.
You and your child would need to be living in California 366 days prior to your child starting at a California public university to be considered a Resident and eligible for in-state rates. You would need to show proof you plan to make California your permanent home.
Just an FYI, if your student applies to US colleges while living abroad, they will not be considered a resident for any state or eligible for state financial aid, only Federal aid as a US citizen.
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https://www.ucop.edu/residency/residency-requirements.html
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.
- Physical Presence
The Student and Parent 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 will be deemed to not have fulfilled this requirement (refer to “Absences”); and
- Intent 1
The [color=red]Student[/color] and Parent must establish legal ties to California through acquisition all applicable governmental evidence of intent by the relevant deadlines, as well as establishment of other California evidence of intent, that together constitute a compelling case that California is their permanent Domicile where they intend to remain. 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: “2020-21 Academic Year Deadlines to Acquire Governmental Evidence of Intent”.
A 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.
Required Governmental Evidence of Intent (subject to applicable deadlines)
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;
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; tax transcripts may be requested;
Valid voter registration in California, if eligible to register; Other California Evidence of Intent
California-based place of employment;
Physical residence where permanent possessions are kept;
Presence of spouse, registered domestic partner, and children, as applicable;
Continuous physical presence in California during academic breaks;
California residence as the address of record on all legal matters such as tax returns, bank accounts, employment, benefits, and insurance;
Established eligibility for loans, scholarships, grants-in-aid, or other assistance requiring California residence as basis for eligibility, if applicable
Established eligibility for and receipt of State of California public benefits, if applicable;
Establishment of a State of California professional license using California domicile address, if applicable.>
Lots of children are born in California and then move away with their parents. If you plan on being away until his high school graduation then, no, he would not be considered a resident. He will not have met the requirements for physical presence and intent.
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