Under the California Education Code §§ 68040,68044,68062,68101, Cal. Code Regs., tit
5 § 54000, 54002, et al; BP/AR 5015:
Evening student in credit courses shall be classified as a California resident or
nonresident at the time of application for admission OR whenever a student has not
been consecutively attending for two semesters. A student must again go through the
residence classification process. This is completed through the online application.
Under the California Education Code §§ 68017, 68060, 68061, 68062; Cal. Code Regs.,
tit 5 § 54020, 54022, BP/AR 5015, the general rule is that a student:
must have been a legal California resident for at least one (1) year and one (1) day
prior to the start of the semester to which you are applying to qualify as a resident
student;
the student must have demonstrated intent to establish California residency for a
minimum of two years;
has not engaged in conduct that is inconsistent with a claim for California residence;
is not prohibited by law from establishing California residency.
The burden is on the student to demonstrate clearly both physical in California and intent to establish California residence. If your citizenship status does not preclude from establishing residence in the United States; the burden is on the student to demonstrate.
A person capable of establishing residence in California must be physically present in California for one year and one day prior to the residence determination date to be classified as a resident of California for tuition purposes.
PRIMARY PROOFS
- Valid California Driver License, Identification Card or CA DMV Printout (Online printout not accepted) or CA car registration
- California 540 tax form with California as the home address for the previous year including signature page (540NR form NOT acceptable)
- Voter registration card or proof of voter registration stamped by County Registrar's Office (Receipts not accepted)
SECONDARY PROOFS
- Utility bill (DWP, gas, telephone, electric, cable, etc.) for the appropriate time period.
- Apartment/home lease or rental agreement (one-year current) - NO ROOM RENTALS OR MONTH TO MONTH
- Proof of California car insurance (insurance card or policy). Student, or parent if student is under 19, must be Primary Insured Driver. We will not accept insurance renewal bill as proof.
- California bank account statement (Statement end date is the date that is used) - NO CREDIT CARD STATEMENTS.
- California health insurance must include resident address and issue date.
- California public library membership, if dated or, Printout of library account information w/ library address stamp
- Paystub or, employment verification on company letterhead along with paystub if paystub does not include address
- Military discharge papers (DD 214) that includes Character of Service field if discharged within three years of start of semester or, Leave and Earnings statement indicating California as home of record
- Filed Marriage license or divorce decree issued in California (for the appropriate time period)
- California State Aid, Social Welfare, California Court documents that have been filed with the court
- Union membership in a California Local must include resident address and a date
- Licenses or certificates issued by the state of California with issue date - NO HIGH SCHOOL DIPLOMAS
- IMPORTANT: FERPA (Family Education Rights and Privacy Act) - For all Admissions and Records transactions, anyone representing an applicant/student must provide a student release of information giving approval from the applicant/student.
All Residency Petitions must be submitted by the start of the term in question.
AB 540 STUDENTS
Undocumented persons, T and U visa holders, U.S. citizens, and lawfully present immigrants
that meet eligibility criteria can apply. Individuals with international student visas,
visitor visas, or other “non-immigrant” statuses are not eligible to apply.
To be considered for the nonresident tuition exemption under AB 540, students must
meet 2 requirements: 1) Length of time & coursework completed per school; and 2) Degree
completion, unit requirements, GED, or other. Students must file an affidavit with
the college or university stating that if the student is a non-citizen without current
or valid immigration status, the student has filed an application to legalize immigration
status or will file an application as soon as the student is eligible to do so.
| Eligibility PART ONE: Length of time & coursework completed per school | OR |
|---|---|
| Three full-time (FT) years of attendance or attainment of part-time equivalent credits
earned in a California: High school Adult school (1 full-time year of attendance = min of 420 hrs/school year) Community College Credit courses (1 full-time year of attendance = 24 semester units or 36 quarter units) Noncredit courses (1 full-time year of attendance = min of 420 hrs/school year) Or any combination of the above |
Three years of high school coursework and three years of total attendance in a California: elementary school secondary school or any combination of these two. |
| Eligibility PART TWO: Degree completion, unit requirements, GED, etc. |
|---|
| Fulfill one of the following: Graduate from a CA high school Obtain a certificate of completion, GED, HiSet, or TASC in CA Attain an associate degree from a CA Community College Fulfill minimum transfer requirements for University of California or California State University |
An exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law. Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.
Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be “nonresidents”.The California Dream Act extends Cal Grant A and B Entitlement awards, Cal Grant C awards, Chaffee grants, and institutional financial aid to students that meet these criteria as well as the applicable criteria for eligibility for specific types of financial aid.
AB540 does not provide federal student financial aid eligibility for undocumented students. These students remain ineligible for federal financial aid.
PROCEDURES FOR REQUESTING THIS EXEMPTION FROM NONRESIDENT TUITION
Print out the AB 540 Tuition Exemption Form or obtain the form from the Admissions Office. Submit the form along with an official high school transcript and a copy of your high school diploma to the Admissions Office.
Special Immigrant Visa Holders
Education Code section 68075.6 grants an immediate nonresident tuition fee exemption
to eligible Special Immigrant Visa (SIV) holders and refugee students who settled
in
California upon entering the United States. This exemption is granted for one year
from
the date the student settled in California upon entering the United States.
This exemption applies to the following:
• Iraqi citizens or nationals (and their spouses and children) who were employed
by or on behalf of the United States Government in Iraq (Pub.L. No. 110-181, §
1244)
• Afghan and Iraqi translators (and their spouses and children) who worked
directly with the United States Armed Forces (Pub.L. No. 109-163, § 1059)
• Afghanistan nationals (and their spouses and children) who were employed by
or on behalf of the U.S. government or in the International Security Assistance
Force (ISAF) in Afghanistan (Pub.L. No. 111-8, § 602)
• Refugee students admitted to the United States under Section 1157 of Title 8 of
the United States Code
