Going to visit a UC and calling one ASAP
Except that OP is not living at a boarding school in loco parentis, he is living in France with his mother. Big difference.
I agree that the ‘who’ should refer to the immediate preceding noun, or ‘resident.’ The father is the resident.
There are students who go to boarding school in other states but remain California residents under their parents. The student, though living in France, can still be a California resident. I’m sure there are more than a few students who do not spend the 366 nights immediately before college in California because they are required to go to a court ordered visitation with a parent OOS, or who work at jobs (like a camp) out of state.
from page 14:
III. RESIDENCE REGULATIONS FOR PURPOSES OF TUITION AND FEES
A. General Rule. To be classified a California resident for tuition purposes,
adult students, who are not precluded from establishing residence in the United States, must have established a primary and permanent domicile in California for at least 366 days and relinquished all ties to their past place(s) of residence.
Parent(s) of dependent students who claim California residence also must fulfill the physical presence and intent requirements. Students with out-of-state parent(s) must prove financial independence. (See Financial Independence, infra, section III.C.)
B. Elements of Residence. Residence can be established, or altered, only by the union of physical presence and intent. Physical presence alone is insufficient; intent alone is insufficient.
- Physical Presence
The act necessary to establish residence is physical presence in California. The adult student/parent(s) must be physically present in California on a continuous basis for at least 366 days. Residence may not be established in absentia and the prior residence must have been relinquished. The 366 days required to fulfill the physical presence requirement must be immediately prior to the residence determination date for the relevant term. If a student is absent from the state during the 366 days s/he is establishing residence, the absence will be carefully scrutinized to determine whether the physical presence requirement has been met. (See Absences from California, infra, section III.D.)
Physical presence in California solely for educational purposes does not constitute the establishment of California residence, regardless of length of stay.
Tacking is the process of adding one period of resident qualification to another to satisfy the required 366 days of physical presence. Specifically, tacking is utilized only for a student who has not been an adult for more than one year (366 days) immediately preceding the quarter for which s/he proposes to attend a post- secondary institution. S/he can have their immediate pre-majority-derived (pre- age 18) California residence added to their post-majority (post-age 17) residence to obtain the required 366 days of California residence for tuition purposes.
That to me reads that the parent is the one to establish residency. In this case, the father is a California resident.
The key word in this sentence is ALSO. It sounds to me like the student AND parent need to establish this residency…not JUST the parent.
Correct. For “adult students,” only the student needs to meet the residency requirements. For “dependent students,” both the students and parent(s) need to meet the residency requirements.
Here is the awnser to my question from the residency board at UCSB
"Graduation from a California high school is not a criteria for residency, but there is an exemption from nonresident tuition based on high school attendance and graduation. This would not be available to you if you are not attending and will not graduate from a California high school.
As a minor (under age 18) your residency is that of the parent with whom you live with during the school year; that is, your mother at the present time. If you are able to move back to California to live with your father before you reach age 18, you immediately assume his residency in California.
In the event you reach age 18 while living with your mother, there is still a way for you to be assessed in-state fees based on your father’s residency. It’s called the Condit Bill. Under this provision, you may be exempt from nonresident fees if you can demonstrate dependence on your California resident father. To qualify, you would have to be listed as a dependent on your father’s income tax returns. This would allow you to be exempt from nonresident tuition for one year, allowing you the 366 days you need as an adult to satisfy the University’s presence and intent requirements."
So…can you demonstrate that you are dependent on your father…? If not, that Condit Bill doesn’t apply to you.
He said in the OP that his father claims him on his taxes (parents are still married and most likely file a joint return)