To establish your California residence, you must be a U.S. citizen or an eligible non-citizen who has been physically present in the state for more than one year, and you must be able to provide convincing evidence that your intent for the entire year has been to establish a permanent residence in California. If your parents do not meet the University's requirements for residence for tuition purposes, you must also be financially independent, as defined by the UC Office of General Counsel.

Detailed information concerning the criteria for establishing residence and definitions of intent follows. If you are a current applicant to UC Davis, we recommend that you read this information in its entirety and print it so you may refer to it later. After reading this information, you are encouraged to read Specific Questions on Establishing Residence for Tuition Purposes at the end of this section. Keep in mind that a decision on your residence status is not determined until after you have been admitted to the University. Persons who are present in California on a visa type other than those listed under Who is a Resident? and who are in the process of adjusting their status to a "permanent resident" should contact the Campus Residence Deputy.

Residency

• Who is a Resident
• Laws Governing Residence
• Establishing Intent to Become a California Resident
• Financial independence Requirements
• Temporary Absences
• Incorrect Classification
• Inquiries and Appeals
• Petition for Classification to Resident Status
• Specific Questions on Establishing Residence for Tuition Purposes

Fees and Financial Responsibilty

• Exemptions from Nonresident Tuition Fee
• Tuition Fee for Nonresident Students

Minors

• Residence Classification of Minors
• Residency Rules for Minors

Tuition Fee for Nonresident Students

If you have not been living in California with intent to make it your permanent home for more than one year immediately before the residence determination date for each term in which you propose to attend the University, you must pay a nonresident tuition fee in addition to all other fees (see http://www.ormp.ucdavis.edu/studentfees for the term in question). The residence determination date is the day instruction begins at the last of the University of California campuses to open for the quarter, and for schools on the semester system, the day instruction begins for the semester. Note: Nonresident students may apply for a change of classification to resident status once all the requirements below have been met. Please note the rigorous financial independence requirements that need to be met.

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Laws Governing Residence

The rules regarding residence for tuition purposes at the University of California are governed by the California Education Code and implemented by Standing Orders of the Regents of the University of California. Under these rules, adult citizens and certain classes of aliens can establish residence for tuition purposes. There are particular rules that apply to the residence classification of minors.

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Who is a Resident

If you are an adult student (18 years of age, or older) you may establish residence for tuition purposes in California if you satisfy all four requirements below:

1) *Eligibility. You are eligible to establish residence if you are a:

a) U.S. citizen
b) Permanent resident or other immigrant
c) Nonimmigrant who is not precluded from establishing a domicile in the U.S. Non- immigrants who are not precluded from establishing a domicile in the U.S. include those who hold valid visas of the following types: A, E, G, H-1, H-4, I, K, L, N, NATO, O-1, O-3, R, T, U, or V

*NOTICE: Students who are not citizens of the United States must demonstrate a valid legal status that does not preclude the establishment of a domicile in the U.S. in order to begin the University’s 366 day duration period (i.e., physical presence coupled with intent)

2) Physical Presence. To establish residence you must be physically present in California for more than one year (366 days) immediately prior to the residence determination date of the term for which you are trying to classify as a resident.

3) Intent. You must have come here with the intent to make California your home as opposed to coming to this state to go to school. Physical presence within the state solely for educational purposes does not constitute the establishment of California residence, regardless of the length of your stay. You must demonstrate your intention to make California your home by severing your residential ties with your former state of residence and establishing those ties with California. If these steps are delayed, the one year duration period will be extended until you have demonstrated both presence and intent for one full year.

4) Financial Independence. If your parents do not meet the University's requirements for residence for tuition purposes, you are required to be financially independent in order to be a resident for tuition purposes.

Your residence cannot be derived from your spouse, registered domestic partner, or your parents.

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Financial independence Requirements

You will be considered “financially independent” if one or more of the following applies:

1) You are at least 24 years of age by December 31 of the calendar year for which you are requesting resident classification

2) You are a veteran of the U.S. Armed Forces

3) You are a ward of the court or both parents are deceased

4) You have children or other legal dependents other than a spouse

5) You are married or in a registered domestic partnership and you were not claimed as an income tax deduction by your parents or any other individual for the tax year immediately preceding the term for which you are requesting resident classification

6) You are a graduate student or a professional student and you were not claimed as an income tax deduction by your parents or any other individual for the tax year immediately preceding the term for which you are requesting resident classification

7) You are a single undergraduate student and you were not claimed as an income tax deduction by your parents or any other individual for the two tax years immediately preceding the term for which you are requesting resident classification, and you can demonstrate self-sufficiency for those years and the current year

The financial independence requirement will not be a factor in residence determination if the student meets one of the following criteria:

1) Is financially dependent upon a California resident parent who meets the University's requirements for residence for tuition purposes

2) Is a graduate or professional school student, employed at the University 49% or more time (or awarded the equivalent in University-administered funds) during the quarter for which classification as a resident is requested

3) The student reached the age of majority (18 years) in California while his/her parents were residents of California, and the parents leave the state to establish a residence elsewhere, and the student continues to reside in California after the parents’ departure

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Establishing Intent to Become a California Resident

You must demonstrate your intent to make California your home by severing your residential ties with your former state of residence and establishing those ties with California shortly after arrival. If the requisite intent is not demonstrated promptly, the waiting period for residence classification will be extended until both presence and intent have been demonstrated for the entire one-year period. Relevant indicia that contribute to the demonstration of a student's intent to make California the permanent home include, but are not limited to, the following:

1) Registering to vote and voting in California elections

2) Designating California as your permanent address on all school and employment records, including military records if you are in the military service

3) Obtaining a California Driver License or, if you do not drive, a California Identification Card

4) Obtaining California vehicle registration

5) Paying California income taxes as a resident, including taxes on income earned outside California from the date you establish residence

6) Establishing a California residence in which you keep your personal belongings

7) Licensing for professional practice in California

The absence of these indicia in other states during any period for which you claim residence can also serve as an indication of your intent. Documentary evidence is required and all relevant indications will be considered in determining your classification. Your intent will be questioned if you return to your prior state of residence when the University is not in session.

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Residence Classification of Minors

The general rules applying to minors specify that if you are an unmarried minor (under age 18), the residence of the parent with whom you live is considered to be your residence. If you have a parent living, you cannot change your residence by your own act, by the appointment of a legal guardian, or by the relinquishment of your parent's right of control.

If you live with neither parent, your residence is that of the parent with whom you last lived.
Unless you are a minor alien present in the United States under the terms of a nonimmigrant visa which precludes you from establishing your own domicile in the United States, you may establish your own residence when both your parents are deceased and a legal guardian has not been appointed. If you derive California residence from a parent, that parent must meet the University’s requirements for residence for tuition purposes.

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Residency Rules for Minors

You may be able to derive California resident status from a California resident parent if you move to California to live with that parent on or before your 18th birthday. If you begin residing with your California parent after your 18th birthday, you will be treated like any other adult coming to California to establish residence; see the Dependent Child of a California Resident exemption.

Minors Whos Parent Moves From California

You may be entitled to resident status if you are a minor U.S. citizen or eligible alien whose parent(s) was a resident of California who left the state within one year of the residence determination date if:

1) You remained in California after your parent(s) departed

2) You enroll in a California public post-secondary institution within one year of your parent(s) departure,

and

3) Once enrolled, you maintain continuous attendance in that institution

Financial independence will not be required in this case.

Minors Who Live With an Adult(s) That is Not Your Parent(s)

You may be entitled to resident classification if you are a minor (under age 18), a U.S. citizen or eligible alien, and you have been living with and been under the continuous direct care and control of an adult or adults other than a parent for a period of not less than two years. The adult(s) with whom you are living must have been responsible for your care and control for the entire two-year period and must have been residents of California during the one year immediately prior to the residence determination date.

Minors Who Support Themselves

You may be entitled to resident status if you are a minor (under age 18), a U.S. citizen or eligible alien, and you can prove through documentation all of the following:

• You have lived in California for the entire year immediately preceding the residence determination date
• You have been self-supporting for that entire year, and
• You intend to make California your permanent home

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Exemptions from Nonresident Tuition Fee

1) Member of the military. If you are a member of the U.S. military stationed in California on active duty, unless you are assigned for educational purposes to a state-supported institution of higher education, you may be exempt from the nonresident tuition fee. You must provide the residence deputy on campus with a statement from your commanding officer or personnel officer stating that your assignment to active duty in California is not for educational purposes. The letter must include the dates of your assignment to the state.

2) Dependent of Member of the Military. A student who is a dependent natural or adopted child, stepchild, spouse or registered domestic partner of a member of the armed forces of the United Sates stationed in California on active duty is entitled to a resident classification. (Graduate and professional students are entitled to the waiver for no more than one academic year). If, while the student is in attendance at UC, the member of the armed forces is (1) transferred outside California where he continues to serve on active duty or (2) is retired from active duty, the student will not lose his exemption until he has resided in the state the minimum time necessary to become a resident (366 days). Financial independence will not be a requirement.

3) Child, spouse, or registered domestic partner of a faculty member. To the extent funds are available, if you are an unmarried dependent child under age 21, the spouse, or the registered domestic partner of a member of the University faculty who is a member of the Academic Senate, you may be eligible for a waiver of the nonresident tuition fee. Confirmation of the faculty member's membership in the Academic Senate must be secured each term this waiver is granted.

4) University employment outside of California. You may be entitled to resident classification if you are a full-time University employee, or the unmarried dependent child, spouse or registered domestic partner of a full-time University employee who is assigned to work outside of the state of California (e.g. Los Alamos National Laboratory and the University of California Washington D.C. Center). The University employee’s employment status must be ascertained each term.

5) Child, stepchild, spouse, or registered domestic partner of a deceased public law enforcement or fire suppression employee. You may be entitled to a waiver of the nonresident tuition fee if you are the child, stepchild, spouse, or registered domestic partner of a deceased public law enforcement or fire suppression employee who was a California resident at the time of his or her death and who was killed in the course of fire suppression or law enforcement duties.

6) Dependent child of a California resident. A student who has not been an adult resident of California for more than one year, and who is the natural or adopted dependent child of a parent who meets the University’s requirements for residence for tuition purposes, may be entitled to a waiver of the nonresident tuition until the student has resided in California for the minimum time necessary to become a resident so long as continuous attendance is maintained at an institution.

7) Native American graduates of a BIA school. A student who is a graduate of a California school operated by the federal Bureau of Indian Affairs may be exempt from nonresident tuition.

8) Employee of a California public school district. A student holding a valid credential authorizing service in California public schools and employed by a school district in a full-time certificate position may be exempt from nonresident tuition.

9) Student athlete in training at the U.S. Olympic Training Center, Chula Vista. An amateur student athlete in training at the U.S. Olympic Training Center in Chula Vista may be exempt from nonresident tuition until she or he has resided in California the minimum time necessary to become a resident.

10) Graduate of a California high school. A student who attended high school in California for three or more years (9th grade included) and graduated from a California high school (or attained the equivalent) may be exempt from nonresident tuition; see the UC Nonresident Tuition Exemption form.

11) Surviving dependents of California residents killed in the September 11, 2001 terrorist attacks. An undergraduate student who is the surviving spouse, registered domestic partner, or dependent child of a California resident killed in the September 11, 2001 terrorist attacks on the World Trade Center, the Pentagon Building, or the crash of United Airlines Flight 93, may be exempt from nonresident tuition and mandatory system-wide fees. Eligible students must meet the financial need requirements for the Cal Grant A program.

12) Recipient of a Congressional Medal of Honor or the Child of a Recipient of the Congressional Medal of Honor. An undergraduate student who is a recipient of a Congressional Medal of Honor or who is the child of a recipient of the Congressional Medal of Honor may be exempt from nonresident tuition and mandatory system-wide fees. The recipient of the Medal of Honor must be a California resident or must have been a California resident at the time of his or her death. The student may not be older than 27 years old and the student’s annual income may not exceed the national poverty level.

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Temporary Absences

If you are a nonresident student who is in the process of establishing a residence for tuition purposes and you return to your former home during non-instructional periods, your presence in the state will be presumed to be solely for educational purposes and only convincing evidence to the contrary will rebut this presumption. A student who is in the state solely for educational purposes will NOT be classified as a resident for tuition purposes regardless of the length of his or her stay.

If you are a student who has been classified as a resident for tuition purposes and you leave the state temporarily, your absence could result in the loss of your California residence. The burden will be on you (or your parents if you are a minor) to verify that you did nothing inconsistent with your claim of a continuing California residence during your absence. Steps that you (or your parents) should take to retain a California residence include:

1) Continue to use a California permanent address on all records—educational, employment, military, etc.
2) Continue to satisfy California tax obligations. (Note: If you are claiming California residence, you are liable for payment of income taxes on your total income from the date that you establish your residence in the state. This includes income earned in another state or country)
3) Retain your California voter registration and vote by absentee ballot
4) Maintain a California Driver License and vehicle registration. If it is necessary to change your license or vehicle registration, you must change them back within the time prescribed by law

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Reclassification

If you currently attend UC Davis, pay non-resident tuition, and you think you qualify now as a resident for tuition purposes, you should submit a Petition for Classification to Resident Status to the Office of the University Registrar for the term you think you qualify as a resident. See Petition for Classification to Resident Status, below.

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Petition for Classification to Resident Status

To petition for resident classification, follow the instructions below. Remember that you need to file your petition by the deadline for the applicable term.

1) The petition is available from the Office of the University Registrar during the month shown below. You are urged to apply four-six weeks before the term begins in which you wish to classify as a resident.

Fall Quarter/Semester – Filing period begins in June

Winter Quarter/Spring Semester – Filing period begins in November

Spring Quarter – Filing period begins in February

2) Complete the Petition for Classification to Resident Status in ink and attach supporting documents. No late petitions will be accepted. Drop off your petition at the front counter of the Office of the University Registrar in 12 Mrak Hall, 9:00 a.m. - 4:00 p.m., Monday - Friday, or mail to:

Residence Deputy
Office of the University Registrar
12 Mrak Hall
One Shields Avenue
Davis, CA 95616-8692

3) Periodically check your assigned UC Davis e-mail address to see if your petition has been approved and processed or the Residence Deputy needs additional information/documentation. Students will be notified by the Residence Deputy via e-mail that the petition has been approved or denied.

Required Documentation. You must provide documentation for all of the information you provide on your Petition for Classification to Resident Status. Read the instructions on the Petition for Classification to Resident Status for more information. All documents should identify you by name and student ID#.

DEADLINES

Filing the Petition for Classification to Resident Status. You must file your Petition for Classification to Resident Status five business days before the first day of instruction for the term you wish to classify as a resident. Late petitions will not be accepted. Keep in mind it takes approximately three weeks for a response and that you are responsible for payment of all fees by the applicable fee payment deadline.

Providing Required Documentation. Documentation will not be accepted after the last day of the applicable term.

Applicants and students are responsible for submitting ALL RELEVANT DOCUMENTATION AND INFORMATION to the campus Residence Deputy in support of their in-state residency request.

If you fail to provide any or all of the required documentation by the end of the applicable term, your petition will not be processed and you will not be classified as a resident for that term. If you are unable to provide any or all of the required documentation by the end of the applicable term and you wish to file a petition for the following term, you must file a new Petition for Classification to Resident Status by the deadline for the following term.

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Incorrect Classification

If you were incorrectly classified as a resident, you are subject to a nonresident classification and to payment of all nonresident tuition fees not paid.

If you concealed information or furnished false information and were classified incorrectly as a result, you are also subject to University discipline. Resident students who become nonresidents must immediately notify the campus residence deputy.

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Inquiries and Appeals

Inquiries regarding residence requirements, determination, and/or recognized exceptions should be directed to:

Residence Deputy
Office of the University Registrar
12 Mrak Hall
One Shields Avenue
Davis, CA 95616-8692
(530) 752-5029 or (530) 752-4060

Remember, applicants and students are responsible for submitting ALL RELEVANT DOCUMENTATION AND INFORMATION to the campus Residence Deputy in support of their in-state residency request. Information or documents requested but not made available to the Residence Deputy will generally NOT be considered or reviewed on appeal.

Appeals should be sent to:

Legal Analyst-Residence Matters,
1111 Franklin Street,
8th Floor,
Oakland, CA 94607-5200.

NO OTHER UNIVERSITY PERSONNEL ARE AUTHORIZED TO SUPPLY INFORMATION RELATIVE TO RESIDENCE REQUIREMENTS FOR TUITION PURPOSES.

You are cautioned that this is NOT a complete explanation of the law regarding residence. Note that changes may be made in the residence requirements between the publication of this statement and the relevant residence determination date. Any student, following a final decision on residence classification by the residence deputy, may appeal in writing to the legal analyst within 30 days of notification of the residence deputy's final decision.

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Specific Questions on Establishing Residence for Tuition Purposes

The following specific questions and answers are based on the assumption that the inquirer is a U.S. citizen or eligible alien. The questions are divided into three parts. Reclaiming California Residence attempts to answer questions of individuals who may have been California residents prior to leaving the state and are trying to reclaim their residence in California. Financial Independence contains questions on meeting this requirement. Intent addresses questions on establishing intent to make California one's home. If you still have questions after reviewing this information, please contact the UC Residence Deputy closest to you. UC Davis Residence Deputy's telephone number is (530) 752-5029 or (530) 752-4060.

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Reclaiming California Residence

Q: I was born in California, but my family moved away a couple of years ago. I am currently attending high school out of state where my family lives, but my parents still own a house in California which they pay property taxes on. Does this qualify me as a resident?

A: No. If you are an unmarried minor (under age 18), the residence of the parent with whom you live will be considered to be your residence. Owning property in California is not enough to qualify you or your parents as California residents for tuition purposes. If your parents were once California residents and they consider their absence to be of a temporary nature, the burden will be on your parents to verify that they did nothing inconsistent with their claim of a continuing California residence during their absence. See temporary absences for information about retaining California residence during absences. In the event your parents are no longer California residents, you will be required to demonstrate financial independence in addition to meeting the current 366-day physical presence requirement as an adult, and intent requirements when seeking resident classification for tuition purposes.

Q: I am a 24 year-old UC graduate student and left California to pursue another degree out of state. While I was in school in California I was considered a resident. Am I still a resident?

A: You could be. Your temporary absence from the state for business, pleasure, or educational purposes will not result in loss of California residence unless during your absence you acted inconsistently with a claim of California residence.

Q: I am a 17 year-old senior in a California high school. My family moved to California from another country ten years ago when we were granted permanent residence status. Two years ago, my parents moved back to our former country to live and work there, leaving me and my older brothers in California. My brothers and I are financially dependent on our parents. My parents own the home we live in and pay Los Angeles County property taxes. Will I be a resident for tuition purposes?

A: No, since you are a minor and your parents are no longer California residents. Unless you are married, the residence of the parent with whom you live or last lived is considered to be your residence. If you have a parent living, you cannot change your residence by your own act, by the appointment of a legal guardian, or by the relinquishment of your parent's right of control. If you are not the dependent child of a parent who meets the University’s requirements for California residence for tuition purposes, you will be required to demonstrate financial independence in addition to meeting the current 366-day physical presence requirement as an adult, and intent requirements when seeking resident classification for tuition purposes.

Although you will not be classified as a resident for tuition purposes, you may be eligible for an exemption from nonresident fees; see the Graduate of a California high school exemption.

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Financial Independence

Q: My parents moved out of California a couple of years ago when I was 19 years old. They are now residents of another state. I stayed in California, but I am still financially dependent on my parents. I am worried about the financial independence requirement. How will this affect me?

A: Financial independence will not be a factor in residence determination if your parents were residents of the State of California when you reached the age of majority (18 years old), provided you have remained in California.

Q: I am a 20 year-old single undergraduate student who is financially independent. What types of documents do I need to provide to prove my financial independence?

A: To verify financial independence (self support) you need to provide copies of your state and federal income tax returns along with your parents' returns for at least the past two tax years. You should also provide documentation of any other sources of income you may have had during the past two tax years and the current year (e.g., current pay stubs, financial aid award letters, promissory notes for loans, etc.). In addition, you will also be required to present a budget showing how you are able to support yourself with the funds you claim. Types of funds listed below can be used to support a claim for financial independence.

Q: What is self support?

A: Self support is defined as money you have earned through your own employment or loans obtained on your own credit, without a co-signer. Financial aid loans obtained without a co-signer can be considered your income. A bank loan made to you with a parent or other adult cosigning would not constitute self support. In most cases, a gift to you from a parent, grandparent, or other family member would not constitute self support.

Intent

Q: I am a resident of New York and a member of the U.S. military stationed in California on active duty. Am I exempt from the nonresident tuition?

A: You could be. If you have not been present in California for more than 366 days, you may be entitled to an exemption of the nonresident tuition fee if you meet the requirements of a member of the military.

Q: I am currently a nonresident student at UC Davis and will be trying to obtain residence next year. I meet the financial independence requirement and have established ties with California that will be a year old by the time I wish to be a resident. I have a terrific job working in my previous state during summers, holiday vacations, etc. If I return to work there how will this affect my residence petition?

A: If you return to your former place of residence (outside of California), you will be presumed to be in California solely for educational purposes and only strong evidence to the contrary will rebut this presumption. A student who is in the state solely for educational purposes will not be classified as a resident for tuition purposes regardless of the length of his/her own stay.

Q: I am classified as a resident of California at the community college I attend. Does that mean that I will automatically be considered a resident at UC Davis?

A: No; some students transferring from California community colleges or from Cal State who where classified as residents there may be classified as nonresidents at UC Davis for various reasons. Most often it is because their parents are from out of state and the students do not meet the University of California's requirements for financial independence or intent.

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