New and Prospective Students

Who Is a Resident?

Summary of the UC Residence Policy for students

The UC Office of the President provides a UC Residence Policy Summary for Students.

10 Things Students Need to Know About California Residence

The UC Office of the President provides these handouts for Undergraduate Students and for Graduate & Professional School Students:

Undergraduate Students

Graduate Students

General Rule

To be classified a California resident for purposes of tuition and fees, an adult student and/or parent(s) who are not precluded from residence due to immigration status must have established a primary and permanent domicile in California and relinquished all ties to their past place(s) of residence for more than one year (at least 366 days). The 366 days must immediately precede the Residence Determination Date of the term the student proposes to attend the University. Students may have to demonstrate financial independence. It is your burden to prove, by clear and convincing evidence, that you have satisfied all applicable UC residence requirements. Financial hardship cannot be considered in evaluating whether you are able to qualify for California residence for purposes of tuition and fees.

California residence is not assumed.

Supporting Parents must meet the UC definition of parent and meet the first three requirements listed below to be considered California residents for the purpose of determining the student’s resident classification.

Statement of Legal Residence (SLR)

All incoming students must complete a Statement of Legal Residence (SLR) so that a residence determination can be made. If a student does not complete the SLR or submit the necessary documents, the student will be classified as a Nonresident and will be assessed the Nonresident Supplemental Tuition. California residents failing to file a Statement of Legal Residence may be classified as Nonresidents and assessed Nonresident Supplemental Tuition. Even if you do not claim to be resident, your circumstances are subject to change during your attendance, or you may be eligible for exemptions from Nonresident Supplemental Tuition.

Nonresidents Establishing Residence

Parents who are establishing their legal permanent residence in California must establish all UC requirements prior to the term the student seeks resident status for tuition purposes.

Non-Citizens: Internationals Establishing Residence. Students and parents 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 of physical presence coupled with intent.

Presence in California: Returns to Prior State. If you are a nonresident student or parent 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.

Intent:  Students or Parents in California for Education Purposes. A student or parent 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.

Adult Students. 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. Adult students cannot derive residence from a spouse, registered domestic partner, or parents. The UC Rules applying to Minors define circumstances where minors may derive residence or establish residence on their own.

Nonresident Supplemental Tuition

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 Nonresident Supplemental Tuition in addition to all other tuition amounts; for the term in question.

Nonresident students may apply for a change of classification to resident status once all the UC Residence Policy requirements have been met. All four requirements to establish California residence are published in detail in the UC Residence Policy Summary for Students and described in Establishing Residence.

UC Residence Requirements

All four requirements must be met by each student and, when the student is under age 24, by their supporting parent to qualify for resident tuition:

1. Eligibility: The adult student (at least 18 years of age) and parent must be a U.S. citizen, a U.S. Lawful Permanent Resident or other eligible immigrant, or an eligible non-immigrant.

2. Physical Presence: The adult student (at least 18 years of age) and parent must have been physically present in the state for 366 days prior to the first day of instruction (the UC Residence Determination Date) of the term for which he/she wishes to be considered a resident;

3. Intent: The adult student (at least 18 years of age) and parent must have demonstrated intent simultaneously with their presence to make California his/her legal permanent home, as opposed to coming to California solely for the purpose of attending school.

4) Financial Independence: UC Residence policy requires that students who are under 24 years of age, whose parents do not support them or whose parents reside outside of California demonstrate financial independence and complete self-sufficiency for the two full years immediately prior to the term California residence is claimed. For more information, refer to California Parent Support.

For students under age 24, the UC’s financial independence requirement will not be a factor in their residence determination if the student is dependent upon a California biological or adoptive parent who meets the above three University requirements for California residence for purposes of tuition and fees.

Glossary

California Students
For purposes of determining residence for tuition and fees, students who have applied, been admitted or enrolled from within California may be referred to as California Students, but such referral shall not indicate a student's official residence classification by a campus Residence Deputy. Residence for purposes of tuition and fees is determined after admission by a Residence Deputy based on facts and information submitted by each student. All students newly admitted into UC Davis, whether in-state or out-of-state students, are required to submit a Statement of Legal Residence (SLR). Students who do not meet the UC Residence requirements, or who fail to submit this form, or who fail to submit the requested documentation required to determine residence during their first term, will be classified as non-residents.

I-94 Departure Records
For nonimmigrant visitors entering the United States with a visa, there is a requirement to fill a CBP Form I-94 (white form). This form has two specific perforated sections to it. The visitor or the carrier representative must complete both sections of CBP Form I-94 upon arrival in the United States. The bottom section of CBP Form I-94 is a departure record and must be returned to U.S. officials upon exiting the United States.

Internationals
There are two broad categories of foreign nationals who may enter the United States: immigrants and nonimmigrants. Nonimmigrants are admitted temporarily for a limited time and purpose, while immigrants are admitted for permanent residence. While immigrants enjoy many of the same rights as United States citizens, nonimmigrants have no right to remain in the United States beyond the period of stay authorized by the USCIS.

International students, or students with International parents, are required to notify a Residence Deputy of any changes to their own or their parents Visa or Immigration Status. Internationals whose Visa or Immigration status has changed and who have achieved the required 366 days of lawful presence with eligible Visa or Immigration status may be eligible to petition for classification to resident.

Lawful Permanent Resident (LPR)-Green Card
United States Lawful Permanent Residents (LPRs) : Lawful permanent residents of the United States enjoy most of the same rights as United States citizens; namely, they are permitted to live and work in the United States, own property, attend public school and college and leave and return under certain conditions. Lawful permanent residents may acquire their status based upon a family relationship, an employment relationship, or any of the special immigration programs the United States government administers, such as the diversity visa program (Lottery), political asylum and amnesty.

Nationals of the United States
A citizen of the United States or a person who, although not a citizen of the United States, owes permanent allegiance to the United States. Citizens of The Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands and the Territory of Guam are now considered citizens of the United States. American Samoa and Swains Island are “outlying possessions” of the United States, and their citizens are considered U.S. nationals and shall be treated the same as citizens when determining residence for tuition purposes. Citizens of the Federated States of Micronesia, the Marshall Islands and the Republic of Palau are considered “foreign nationals” and shall not be treated as U.S. citizens when considering residence for tuition purposes

Residence Determination Date (RDD)
For purposes of determining residence, the Residence Determination Date (RDD) 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.

Resident Student or Parent
The UC Residence Policy defines a student as a person applying for admission, admitted to or enrolled in an institution of higher education. A resident student or parent is defined as a student or parent who has met the requirements for residence for purposes of tuition and fees. All applicable residence requirements must have been satisfied by the student/parent prior to the Residence Determination Date.

Visa
A travel document. A citizen of a foreign country who seeks to enter the United States (U.S.) generally must first obtain a U.S. visa, which is placed in the traveler’s passport, a travel document issued by the traveler’s country of citizenship. The type of visa you must obtain is defined by U.S. immigration law, and relates to the purpose of your travel. Certain Nonimmigrant Visas are eligible to establish residence for tuition purposes.