Hi Thank you for your thread and updates. Our family has a very similar situation and we want to plan ahead. Our daughter is a CA OOS junior this year. She wants to apply for CA schools and her dad files tax as a CA resident (not physically staying in CA due to remote working arrangement). However, she will be older than 18 year when she applies for college next year (precisely because she attended elementary school in CA and by CA’s cut-off date her school year was delayed, relative to other states). In the pdf document posted in CA schools, it says “Students who have been physically present in California more than one year after age 18 are not eligible for this provision.” Does this mean our daughter cannot get CA instate tuition status because she will be too old? If not, does her dad has to move back to CA physically, not just for tax-purpose, in order for her to be qualified? Thanks!
Has the student been enrolled in a California high school and will graduate from a California high school?
If so, then even if she does not meet the usual California residency for tuition purposes rules, she may be eligible for the AB540 provisions described at AB 540 nonresident tuition exemption | UC Admissions .
@Parent0418athome UC Forum Champion Note: I split this post off from another discussion which is over a year old and probably not pertinent to your post. Since you tagged a poster that seems to be no longer active, I have started a new discussion. I suggest you fill in the blanks on which state your daughter will be graduating from and which schools she is considering.
I would contact a couple of California universities and find out what they say in regards to Dad having to move back to California to fulfill the residency requirement.
Dependent Students
An undergraduate Student who will not reach the age of 24 as of December 31 of the 2022-2023 Academic Year is considered to be a Dependent Student who must be dependent on an eligible California resident Parent. Dependent Students and Parents must concurrently satisfy the Residency Requirements,
Dependent of a California Resident Parent (Condit Bill) - a Dependent Student whose natural or adoptive California Parent qualifies for a Resident Classification is eligible for a limited duration Resident Classification for one academic year. The Student may thereafter be eligible to receive a Resident Classification if the Student has concurrently fulfilled the Residency Requirements during the one-year period and the Parent maintains the Resident Classification. Required documentation may include child custody/support decree or birth certificate to demonstrate Parent-Child relationship. A Student’s failure to concurrently fulfill the requirements by the relevant deadlines will result in reclassification as a Nonresident for subsequent terms which cannot be reversed at appeal. Students who have been physically present in California more than one- year after age 18 are not eligible for this provision. A Parent who relocates to California must sever any and all ties to their former residence to be eligible for this provision pursuant to the Intent requirements.
Thanks for your response. No, she is currently enrolled in a public high school out of CA, residing with mom in another state since high school years.
It’s not really an “age” thing, it’s an issue of residency and intent to stay.
She’s not a current resident.
Even If she was born in California, or lived in California during her elementary school ages, this does not make her a current resident.
If she had attended a California high school, for a minimum of 3 years and graduated in 2023, then that would be a different story.
She needs to be “physically present” in the State for 366 days prior to attending, and that is if she lives with a California resident (who is physically present and paying state, as well as local taxes and supporting her in California).
The UC Residency Policy and Guidelines (the “Guidelines”) currently provide that students must be physically present within California for a year prior to the Residency Determination Date (RDD) and that absences of six weeks or more in a one-year period disqualify a student from receiving in-state status.
Welcome | Understanding residency for purposes of UC tuition
In response to the COVID-19 pandemic, the Guidelines were amended for the school year of 2021-2022, but that does not apply for 2023.
If she moves to California to attend any public institution (i.e. college, university, CC) this indicates that she moved to California for “educational purposes” and will be charged non-resident tuition at any public university. Currently, that will be ~$67K per year.
If she applies to private universities, she pays whatever fees they charge everyone else. Private universities aren’t fully supported by public tax dollars, so residency doesn’t matter.
not a residency expert but, depending where she lives - look into WUE - a consortuim of Western states that give reduced OOS tuition to students from other Western states.
https://www.wiche.edu/tuition-savings/wue/wue-savings-finder/
Some popular CSUs - including CPP, Chico, Sonoma, Sac and Northridge participate.
Another thought - if she has the stats to get into most UCs, she’d probably get merit aid at a private - Chapman, USD, and LMU are good examples
Good luck
My son (19) was submitting his UC Transfer application from a Community college. We are California residence (live, work, taxed) since he was born, all US citizens, but we found a checkbox asking us to check NO if Parent 2 (my wife) has been away for more than 6 weeks to another country to care for father who’s ill before she can find a helper. However, my son and myself live/work/school continuously in California. My question: Would we lose Residency if we check NO on the question “Has Parent 2 been physically present in California for the last 3 years?” I know this is an old thread, (I haven’t found answer to this elsewhere) so if you know the answer please let me know, if not it is ok, thank you in either case!
This statement about being out of the state for more than 6 weeks pertains to families trying to establish CA residency for tuition purposes whom have to meet certain requirements in their 1st 365 days in California. This should not be an issue for a permanent CA resident. You would not check this box NO but would confirm with any CA school that he is applying.
Your son still has 1 parent whom is living in California continuously so I do not think this is an issue even if you mark NO.
I am not familiar with why this question is being asked for 3 years?
Thanks a lot for answering! The question was very confusing to us, the main question asks:
"Has Parent 2 been physically present in California for the last 3 years? " (which would be “YES”), but the “advise” below the question says:
If they have worked outside of California during the last 3 years, or they were out of California for more than 6 weeks in the last year, you should answer “No”.
My wife is not working outside, but did leave California temporarily for more then 6 weeks (will return but date still to be determined, all her documents are in California).
So, “YES” would be my preferred answer if it is correct, but doesn’t my continued presence (along with my son’s) suffice to qualify us for California Residency for Tuition purpose?
Thanks again, you have always been helpful!
The thing that the State is trying to determine, for tuition purposes, is if your wife has a residence outside of California and maintains or plans to maintain/live there. The answer would be no to another residence if she is a California resident.
She is with her father for emergency illness purposes and does not plan to live/reside there, correct?
So you would answer that you and she have been physically present in California with your son, and plan to live in California, for more than three years.
Please check YES as @Gumbymom has indicated.
Thank you, aunt_bea, yes, my wife’s home is California for a few decades and we are not planning to move anywhere. What makes it hard for us to answer is in the 2nd part of the statement:
(If they have worked outside of California during the last 3 years, or they were out of California for more than 6 weeks in the last year, you should answer “No"),
That my wife was “out of California for more than 6 weeks in the last year” is a fact, not sure if there’s room to argue that she’s not. She doesn’t have property or work outside of California, no document would link her to a place other than California except flight info. Somewhere they state that both “physical present” and “intent” must be established. The “intent” part is 100% yes with documents, but the “physical presence” part is beyond our control in this case, unless my wife is cruel enough not to care for her father.
I’m keeping “YES” as sensible answer before we submit the application by tomorrow.
Thanks for your help!
Would surely be horrible to live/work/school in California for a few decades only to be denied state-tuition because mom had to go help grandpa abroad for a few months.
From the Residency Policy and Guidelines: p. 21
Temporary Absence
"A student (or parent) who is temporarily absent from California will not lose residence status, unless s/he acts inconsistently with the claim of continued California residence during the absence. If a student (or parent) leaves the state during the first 366 days of physical presence, the Residence Deputy will determine whether the absence was consistent with an intent to remain permanently in the state. Students and parents have the burden of providing clear and convincing evidence of their continuing California residence during all absences from the state."
You shouldn’t have any issues. You are still paying taxes, going to school and work, paying bills/mortgages, etc. Your burden of proof is well-established.
Please bookmark this if you have any issues.
Hope this has been helpful!
If he attended high school in California for at least three years and graduated high school in California (or some other eligible combinations of attendance and graduation, including community college), he is eligible for AB540 provision of in-state tuition, even if otherwise classified as a non-resident.
It does look like he should be a California resident for tuition purposes based on the usual criteria. But AB540 can be a backup option for those whose parents move out of state after they attend and graduate high school in California (for example).
Thank you, there’s so much to read (2016, if this still the latest?), I’m pretty certain we have clear evidence to show that we are California residences with no outside tie, but we still can’t decide whether to check YES or NO on the question
Has Parent 2 been physically present in California for the last 3 years?
If they have worked outside of California during the last 3 years, or they were out of California for more than 6 weeks in the last year, you should answer “No"
While I’m still thinking, my son was telling me it looks like we’re obligated to select NO because the language in the question is clear, I agree with him, but if we select NO, what would it do to the Tuition (I can’t find anywhere where it says both parents must answer YES to qualify, or just my “YES” alone would suffice), I am the person providing financial support to my son and my wife.
Thanks! I never thought of AB540 before… I’ll take a look at it tomorrow (I thought it is for non residence trying to qualify for residency, but we are already residence). My son said we should clearly check NO on the question because of the way it’s asked… I’m surprised how they made this so confusing. Thanks for checking this for us!
Oh for heavens sake…people take vacations of more than six weeks in a year. Right? That would not be something that would deny residency.
Your son’s integrity is commendable, but you’re overthinking a poorly-written section on the form. You very clearly are and will continue to be California residents, and you’ll only confuse them if you indicate that you aren’t. Check YES and move on, and get it submitted before the system crashes. Good luck with the application!
I agree it is a poorly written statement. You have clearly established California residency over the decades you have lived here. To me the question is only important if a newly relocated family is trying to establish residency in California within the limitations of the first 366 days.
Plenty of separated and divorced parents that live outside the state but have the other parent as a resident which still makes them CA residents for tuition purposes.
We relocated here before my son was born 
I’m grateful for all the answers to my question here. I can’t find any answer to whether both parents must check YES to qualify, not even after reading the detailed pdf through the link provided by UC.
My son has checked the answer as NO (against my liking) at this time, actually he has to make the decision because it is his form to fill and sign “under penalty of perjury”.