UC Residency

Ok. I’ve been researching a whole lot about establishing a California residency and its hopelessly complicated.

One question I have that has been left unanswered is if I got to a CCC for 2 years and don’t step a foot out of California the whole time, in addition to paying Cal. income tax, getting a license, voting, address, etc., do I qualify for residency when I transfer?
My entire family will be moving to California next summer. I am Class of 2017.

Also, do I have to be financially independent while in community college?
And if my family moves to Cali the coming December/January, before I turn 18, how long will it take for my mom to establish residency and will it be “passed down” to me?

I plan to move to Cali regardless of whether I go to a CCC, UC, or private. I will be living there permanently.

Last question: If I have a legal dependent (sibling) but am not financially independent, is that requirement waived?

Sorry for so many confusing and detailed questions, but THANKS SO MUCH. It makes a big difference and is a HUGE help.

Ten things undergraduates need to know

Upon admittance to the University of California, your resident or nonresident classification is determined for purposes of tuition and fees only after you have completed and submitted a Statement of Legal Residence (SLR) to the campus residence deputy.

If you are not a California resident when you enroll, and you remain a dependent undergraduate, it is unlikely that you will be able to qualify as a California resident for purposes of tuition while you’re an undergraduate at UC.

The term “California resident for purposes of tuition” comes from the university’s residence regulations and differs from other definitions of California residence. For example, a person who is a California resident for tax or voting purposes will not necessarily be a resident for purposes of tuition. Admissions definitions of residence also differ. They do not confer residence for purposes of tuition.

You do not become a resident for purposes of tuition simply by living in California for 366 days or more. The length of time you attend the University of California or live in California is not the sole determining factor of residency.

If you are in possession of a nonimmigrant visa, it is unlikely that you will be able to establish residence in California for purposes of tuition. (For more about these visa types, see who’s not eligible.)

The UC residence regulations require that you and your parent(s) document:

At least 366 days of continuous physical presence in California, and
Concurrent intent to permanently remain in the state
If your parents live outside of California and you are financially independent, you must also be able to verify financial independence for the two full years preceding the term for which you’re seeking residence classification.

To prove your financial independence, you must be able to document that you have been totally self-sufficient for two full years prior to the residence determination date, supporting yourself, for example, through jobs, financial aid, commercial/institutional loans in your name only, and documentable savings from your earnings. This also means you can’t have been claimed as an income tax dependent by any individual or have accepted gifts (cash or other support) that contributed to your subsistence for two tax years immediately preceding the term.

You normally cannot establish California residence for purposes of tuition while maintaining legal ties to another state or country (e.g. state tax liability, driver’s license, voter’s or vehicle registration). Further, if you have moved to California primarily to attend the University of California, you are here for educational purposes and may not be eligible for a resident classification for purposes of tuition.

It is your burden to prove, by clear and convincing evidence, that you have satisfied all applicable UC residence requirements. The University of California cannot alter or waive the eligibility criteria for any reason. Financial hardship cannot be considered in evaluating whether you are able to qualify for California residence for purposes of tuition.

This is only a summary of the main UC regulations for California residence for purposes of tuition. For more detail, see the full UC Residence Policy and Guidelines (pdf).

Undergraduates: If you’re a nonresident undergraduate student with nonresident parents, obtaining California residency for the purposes of tuition is extremely difficult (this includes transfer students from community colleges and other postsecondary institutions within California). Virtually all nonresident undergraduates with nonresident parents remain nonresidents for the duration of their undergraduate career at UC.

Establishing physical presence and intent

To meet these requirements, you must be continuously physically present in California for more than one year (366 days) immediately prior to the residence determination date (generally the first day of classes) and intend to make California your home permanently. You can demonstrate your intention to stay in California by relinquishing legal ties to your former state and establishing legal ties to California.

Here are some ways you can establish intent:

Remain in California when school is not in session.
Register to vote and vote in California elections.
Designate your California address as permanent on all school and employment records, including current military records.
Obtain a California driver’s license within 10 days of settling in California. (If you’ve never had a driver’s license in any state, then obtain a California identification card.)
If you have a car, obtain a California motor vehicle registration within 20 days of settling in California.
Work in California and file California resident income tax forms from the date of entry into the state. Income earned outside of California after that date must also be declared in California.
Establish and maintain active bank accounts in California banks and close out-of-state accounts.
Surrender all out-of-state identification (including driver’s license).
Establish a permanent home where your belongings are kept.
Obtain a license for professional practice in California.
You’ll need to relinquish out-of-state ties and demonstrate intent while simultaneously meeting the physical presence requirement.

Absences from California

In order to demonstrate intent, it is important to stay in California during nonacademic periods. If you’re a nonresident student who is in the process of establishing California residency, and you leave California for more than one month during the summer before the term in which you are establishing resident status, your intent will be questioned.

Graduate and law students who must leave for nonacademic-related reasons for more than a month during the summer should contact the campus residence deputy to seek advice prior to leaving and filing for classification.

Financial independence

Nonresident undergraduates

This requirement makes it extremely difficult for most undergraduates who are not financially dependent on a California-resident parent to qualify for classification as a California resident.

If you’re an unmarried undergraduate under the age of 24 and your parent(s) are not California residents, you must be able to document (for example, using tax returns, W-2 forms, bank statements) that you have been totally self-sufficient for two full years prior to the residence determination date, supporting yourself, for example, through jobs, financial aid, commercial/institutional loans in your name only, and documentable savings from your earnings. This also means you can’t have been claimed as an income tax dependent by any individual or have accepted gifts (cash or other support) that contributed to your subsistence for two tax years immediately preceding the term.

Exceptions to the financial independence requirement

You may not need to meet this requirement for establishing residency if:

You’re a veteran of the U.S. Armed Forces.
You’re a ward of the court or both of your parents are deceased.
You have legal dependents other than a spouse.
You’re married and won’t be claimed as an income tax deduction by your parents or any other individual for the tax year immediately preceding the request for resident classification.
There are other exceptions, so make sure to contact your campus residence deputy office to learn if you meet the financial independence requirement. See the full policy for all exceptions to the financial independence requirement (pdf).

Thanks for the info! Some of my questions are still unclear, though, like my tuition if I go to a CCC and the financially independent requirement. It would be awesome if you could answer these and my other questions specifically. If not it’s ok, this summary was pretty helpful!

You pay OOS tuition at the CCC if and when you can prove residency and like stated in the UC residency requirements, it will be up to the CCC/UC etc… to determine if you qualify for in-state rates. Again stated in the information I posted, you can still get California residency but may not qualify for in-state universities rates.

If you are coming to California for the purposes of education, it will be hard to prove otherwise.

The best course of action: Have your parents move to California as soon as possible, establish California residency for at least a year, then plan to go to a CCC or UC after that time.
If you are under 24, it will be virtually impossible for you to establish financial independence as stated in the information posted.

Are you over 24? What would having a dependent (sibling) have anything to do with your UC residency? If your parents are planning to move here, why would you have a sibling as a dependent?