Residency
The Facts:
To establish residency in California, a person must:
(1) be a citizen of the United States, or possess or be an applicant for a permanent resident, amnesty or other visa that does not preclude establishing domicile in the United States
(2) be physically present in California for one year plus one day prior to the start of the semester
- Provide date residency in California started
- Rental lease agreement
- Escrow papers for purchased property
(3) provide evidence demonstrating the intent to make California their permanent home of residence
In order to demonstrate intent, sufficient evidence must be shown that the person has abandoned their prior place of residency with the intent of making California their new state of permanent residence. The following will be accepted as proof of intent to establish California residence for the purpose of tuition:
- California State Income Tax (Prior Years)
- California Voter Registration (Date registered)
- Documentation of California as military home state of record
- Selective Service Registration with California permanent address
- Federal Income Tax with California residence
- Documentation of purchasing residential real estate in California and living there
- Bank accounts, active for one year as of residence determination date (Date opened)
- California Driver's License (Date issued)
- California Automobile Registration (Date issued)
- Documentation of entry into a legal agreement in California (Example: Marriage, Divorce)
- License from California for professional practice
- W-2 forms with California address
(4) Demonstrate financial independence. Exception: dependent children of California residents (for income tax purposes) who have not lived in California for a year prior to the start of the semester are entitled to resident classification during the first year they are physically present in California, but must establish California residency hereafter. Submit documentation with application.
- California State Income Tax (Prior Years)
- Federal Income Tax with California residence
- Parent affidavit
- Parent Federal Income Tax (Prior Year) showing dependents
Non-resident students do not automatically become residents by being in California for one year. A student seeking reclassification from non-resident to resident status must complete and file a residency questionnaire and a statement of financial independence. Additionally, the student must provide evidence of intent to establish permanent California residency. Reclassification Petitions must be submitted no later than two weeks prior to the student's registration date.
The burden of proof is on the student to clearly demonstrate physical presence in California, intent to establish California residence, and, in the case of students changing from non-resident to resident, financial independence.
Military personnel on active duty in California, their spouses and dependent children qualify as immediate residents.
Students on visas will be evaluated for residency based on the type of visa, length of stay in California, and intent to maintain California as their permanent home.
AB 540 Information
California law (AB540) provides for students who meet the criteria to be considered as residents for tuition purposes. This applies to students who may be an alien without lawful immigration status, as well as to students who have moved out of state and subsequently returned to California. Students must have attended a California high school for three or more years and have graduated from such high school or have attained the equivalent, such as a High School Equivalency Certificate (GED) or Certificate of Proficiency (CHSPE). The AB540 Affidavit is available in Admissions & Records, in the printed class schedule, and at www.sbcc.edu/forms.
