Exceptions from Nonresident Supplemental Tuition

There are certain exceptions to the general rules of residence that exempt students from nonresident supplemental tuition or waive nonresident tuition for a limited period. Twelve of these exceptions are discussed on this site. All of the exceptions are treated in detail in the UC Residence Policy in sections where they logically follow the subject matter being discussed, including:

  • Parent Moves to California While Student Is a Minor
  • Parent of Minor Who Moves from California
  • Self-Supporting Minor
  • Two-Year Care and Control
  • Military Exemptions

Statement of Legal Residence (SLR) is Required

A Statement of Legal Residence (SLR) and a determination of your residence by a Residence Deputy are required before any exemptions are considered or applied.

Establishing Residence While Exempt

Students granted an exemption from Nonresident Supplement Tuition must familiarize themselves with the UC Residence Policy and the four requirements for resident status if they intend to establish residence in California. When students have been granted an exemption or waiver of the Nonresident Supplemental Tuition, they may intend to establish residence in California while attending under the exemption.  As a student granted an exemption, if at any time you wish to become a resident for tuition purposes, you and your supporting parent(s) must take steps to establish California residence one year prior to the term you wish to be classified as a resident. After which, they must file a Petition for Classification to Resident with the Office of the Registrar during the published filing period to determine if they qualify for resident classification.

Intent Must be Established for One Full Year: If students and parents wait to establish California residence, they delay the earliest time a Resident classification can be granted for tuition purposes. Sometimes students receiving an exemption from Nonresident Tuition believe they will continue to pay resident tuition as long as they take steps to become a California resident any time during the waiver period. This is not correct.  Students intending to become California residents must take steps to establish California residence a full year before they lose eligibility for the exemption or waiver.

1) California High-School Graduates (AB 540)

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 Supplemental Tuition, as defined in AB540.

2) University of California Employment Outside of California

A student may be entitled to an immediate resident classification if she or he is: a full-time University employee who is assigned to work outside of the State of California, or an 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. The University employee’s employment status must be ascertained each term. Verification of employment status is required from the employer.

Required Document: Letter from Employee's Personnel Office verifying employment during the dates of the term.

3) Dependent of a California Resident (Condit Bill)

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 Supplemental 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.

Required Documents:

  • California Parent Affidavit, and
  • California Parent Tax Return, or
  • Evidence of California Parent support; for example, court-ordered support, or divorce decree, or other evidence of support for one full year.

Duration of Exemption: One Year Maximum.

This exemption may be applied for up to one year, then it ends and Nonresident Supplemental Tuition is charged.  To be classified as resident for purposes of tuition after the exemption ends, students under this exemption must:

  • Establish all legal ties to California immediately upon arrival in California,
  • Sever all legal ties to their prior state of residence,
  • Provide evidence of their own continued physical presence in California during non-academic periods,
  • Complete a Petition for Classification to Resident for the term they claim to be resident for purposes of tuition.

4) Members, Dependents and Veterans of the Armed Forces

Members of the Armed Forces first will be reviewed:

  • To see if they meet one of the California Education Codes for military exemptions.
  • If not, they will be reviewed to see if they meet the Federal HEOA exemption.
  • If neither State or Federal exemptions apply, they will be evaluated under the same residence regulations as civilian students.

Members of the Armed Forces (CA Education Code)

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 Supplemental Tuition.

Eligibility Verification Required:

In addition to copy of your orders, you must also 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.

Verification Required Each Term

Confirmation of your eligibility for this exemption as a military member is required each quarter the state waiver is granted. The student must provide the following:

  • Copy of the military member’s most recent orders.
  • Copy of the military member's most recent Leave and Earning Statement (LES).

Child or Spouse of a Member of the Armed Forces (CA Education Code)

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 Student Two Year Limit

Graduate and professional students are entitled to the State waiver for no more than two academic years.

Eligibility Verification Required:

Confirmation of your eligibility for the exemption as a military dependent is required each quarter the waiver is granted. The student must provide the following:

  • Copy of the military member’s most recent orders.
  • Residence Deputies may also request a statement from the military member’s commanding officer or personnel officer indicating the specific date(s) of the member’s assignment to California, if the orders are not clear.
  • Child: Copy of documents that indicate dependent status (e.g. tax forms, military records, etc.).
  • Spouse or Registered Domestic Partner: Copy of documents verifying marital/partner and dependent status (e.g. marriage certificate, tax forms, military records, etc.). Domestic Partners must provide documentation of registered partner status, as well as, dependent status.

Verification Required Each Term

Confirmation of your eligibility for the exemption as the dependent of a military member is required each term the state waiver is granted. The student must provide the following:

  • Copy of the military member’s most recent orders.
  • Copy of the military member's most recent Leave and Earning Statement (LES).
  • Notice of any change in the student's status as a Spouse or Registered Domestic Partner of the military member.

Change in Active Duty Status

If, while the student is in attendance at UC, the member of the armed forces is:

  • Transferred outside California where he continues to serve on active duty, or
  • 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.

The student must establish residence for 366 days while attending under this exemption, and must Petition for Classification to Resident during the published filing period for the term residence status is sought.

Former Member of the Armed Forces (CA Education Code)

Undergraduate or Graduate students who were stationed in CA on active duty for more than one year immediately prior to discharge may be granted resident status for tuition purposes for the length of time they live in state after discharge up to minimum time necessary to become a resident.

Member of the Armed Forces (Federal Law—HEOA)

The Higher Education Opportunity Act (HEOA) of 2008 provides that any student (undergraduate, graduate, or professional) who is a Member of the Armed Forces of the United States on active duty for a period of more than 30 days and whose domicile or permanent duty station is in California, or the spouse, registered domestic partner, or dependent child of such a Member, is entitled to an exemption from Nonresident Supplemental Tuition.

30 Days Active Duty: This Federal law grants eligibility to a Member of the Armed Forces who “is” on active duty for 30 days. This is interpreted to mean that as of the Residence Determination Date of the term for which the student; e.g., Member, spouse, domestic partner, or dependent child seeks to qualify for an exemption, the Member must be on active duty status, but if the Member has been on active duty for less than 30 days, he or she can satisfy the 30-day requirement if there is adequate proof that the status will continue for at least 30 days. 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.

Domicile or Permanent Duty Station: This Federal law provides that "domicile or permanent duty station" must be in California. Domicile is defined as the one location where a person is considered to have the most settled and permanent connection, the place where s/he intends to remain and to which, whenever temporarily absent, s/he has the intention of returning. Permanent Duty Station is defined as the post of duty or official station to which a member of the Armed Forces is assigned or attached.

Continuously Enrolled: The student must be continuously enrolled at the University, notwithstanding a subsequent change in the U.S. armed forces member's permanent duty station to a location outside of California. The student must meet all of the following requirements:

  • Student must be on active military duty in California for a period of more than 30 days on or during the residence determination date of the term for which the exemption is requested; and
  • Domiciled or permanent duty station must be in California.

Eligibility Verification Required: Confirmation of your eligibility for the exemption as a military dependent is required each quarter the waiver is granted. The student must provide the following:

  • Copy of the military member’s most recent orders. 
  • Copy of documents that indicate dependent status (e.g., tax forms, military records, etc.).
  • Residence Deputies may also request a statement from her/his commanding officer or personnel officer indicating the specific date of his assignment to California.

5) Dependent or Ward of State through CA Child Welfare System (Foster Youth)

A student who resides in California and is 19 years of age or under at the time of enrollment, and who is currently a dependent or ward of the state through California's child welfare system, or was served by California's child welfare system and is no longer being served either due to emancipation or aging out of the system, shall be entitled to a resident classification as long as he or she remains continuously enrolled.

Verification Required: Residence Deputies require verification of the student’s being or having been a dependent or ward of the state through California’s child welfare system by either:

  • A juvenile dependency court document indicating foster care in California’s child welfare system (court order establishing court jurisdiction or court order terminating jurisdiction), or
  • Letter from the (county) director of human services verifying student was under care of Dept. of Social Services.

6) Unmarried 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 Nonresident Supplemental Tuition. Confirmation of the faculty member's membership in the Academic Senate must be secured each term this waiver is granted.

Verification Required Each Term:

  • Verification of spouse of dependent (Marriage License, Registered Domestic Partner Certificate, Tax Return, Birth Certificate).
  • Letter from UCD Academic Senate Office.

7) Employee of California Public School District

Any person holding a valid California teaching credential who is employed by a school district in a full-time certificated position may be eligible for resident status at the University of California for the purposes of admission fees and rates of tuition. Students 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 Supplemental Tuition.

Verification Required Each Term:

  • Teacher Credential Certificates (Preliminary or Other Types Specified Under CA Ed Code).
  • Course Enrollment for postponed or fifth year requirements.

8) 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 (BIA) and who enrolls at one of the University of California campuses is eligible for a resident classification as long as continuous attendance is maintained by the student at an institution of higher education.

Verification Required:  High School Transcript—CA BIA School.

9) Spouse, Registered Domestic Partner or Child of Deceased Law Enforcement or Fire Suppression and Prevention Public Employee

Students may be entitled to a waiver of the Nonresident Supplemental Tuition if they 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.

Verification Required:

  • Cause of death in course of duties.
  • Active duty in law enforcement service, service not principally clerical.
  • Active duty in  fire suppression and prevention ,  service not principally clerical.

10) Student Athlete in Training at U.S. Olympic Training Center, Chula Vista

Any amateur student athlete in training at the United States Olympic Training Center in Chula Vista is entitled to resident classification for tuition purposes until he has resided in the state the minimum time necessary to become a resident.

An amateur student athlete in training at the U.S. Olympic Training Center in Chula Vista may be exempt from Nonresident Supplemental Tuition until she or he has resided in California the minimum time necessary to become a resident.

Verification Required: Letter from the U.S. Olympic Training Center verifying student's ameteur athlete in training status.

11) T or U Visa Holders

Students who have obtained a T or U nonimmigrant visa and otherwise would meet the requirements of Section 68130.5 (AB 540) shall be exempt from paying nonresident tuition at the University until they are eligible to establish a resident classification pursuant to Regents Policy 3105.

12) Recipient or 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 Supplemental 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.

Glossary

Active Duty
Federal law grants eligibility to a Member of the Armed Forces who “is” on active duty for 30 days. We interpret this to mean that as of the RDD the Member must be on active duty status, but if he or she has been on such status for less than 30 days, he or she can satisfy the 30-day requirement if there is adequate proof that the status will continue for at least 30 days.

Child Dependents
All references to child dependents are intended to include natural, adoptive or step-children of the Member of the Armed Forces.

Domicile
For purposes of applying the federal law, it is the one location where a person is considered to have the most settled and permanent connection, the place where he intends to remain and to which, whenever temporarily absent, he has the intention of returning. A person can have only one domicile at a time.

National Poverty Level
The poverty guidelines are the other version of the federal poverty measure. They are issued each year in the Federal Register by the Department of Health and Human Services (HHS). The guidelines are a simplification of the poverty thresholds for use for administrative purposes — for instance, determining financial eligibility for certain federal programs. See: Federal Register notice of the 2011 poverty guidelines

Permanent Duty Station
For purposes of applying the federal law, permanent duty station is defined as the post of duty or official station to which a member of the Armed Forces is assigned or attached. A member of the Armed Forces assigned to a military base or installation in California would meet the requirements of having a permanent duty station in California.

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.

Spouse
A wife does not derive residence from her husband, a husband does not derive residence from his wife and one registered domestic partner does not derive residence from the other. Married couples or registered domestic partners who are living together might have separate residences and each might have a different, unshared intent, indicating their separate residences. All references to “spouse” are intended to include California registered domestic partners. Residence Deputies will request verification of the California registered domestice partnership, or similar documents if the student claims similar status to registered domestic partner under the laws of another state.