Physical Presence

The act necessary to establish residence is physical presence in California. Residence may not be established in absentia and it must be established (and the prior residence relinquished) for at least 366 days.

Minimum Duration of Physical Presence

An adult student (and/or the student’s parent(s)) must be physically present in California for more than a full year. The 366 days must be immediately prior to the Residence Determination Date of the term for which you are trying to classify as a resident.

If you have moved to California primarily to attend the University of California, you are here for educational purposes and so are not eligible for a resident classification for purposes of tuition and fees. You do not become a resident for purposes of tuition and fees simply by living in California for 366 days or more. Physical presence in California solely for educational purposes within California does not constitute the establishment of California residence, regardless of the length of stay.

A student who is in the state solely for educational purposes will not be classified as a resident.

The length of time you attend the University of California or live in California is not the sole determining factor of residence. The UC residence regulations require that you and your parent(s), if they claim California residence, prove at least 366 days of physical presence in California and intent to permanently remain in the state concurrent with the duration of physical presence.

Absence While Establishing Residence

If a student (or parent) leaves the state during the first 366 days of physical presence, the Residence Deputy will determine whether the absence was consistent with intent to remain permanently in the state. Students and parents have the burden of providing a Residence Deputy with clear and convincing evidence of their continuing California residence during all absences from the state.

A student who takes steps to establish a residence in California but then returns to his/her former residence when school is not in session, or to the his/her parents’ out-of-state home, will have the burden of proving with clear and convincing evidence that s/he intends to reside permanently in California.

Returns to Prior State of Residence

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.

Temporary Absences from California

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

Resident with Absence

A student (or parent) who is temporarily absent from California will not lose residence status, unless s/he acts inconsistently with the claim of continued California residence during the absence.

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.

Retaining California Residence

Steps that you (or your parents) should take to retain a California residence while temporarily way 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.

Evidence of Absences Outside California

If temporarily absent from California during non-academic periods for the purpose employment, internships or research related to your course of study, be prepared to provide the following as soon as possible:

  • Presence and Absence Statement: Provide a statement regarding any absences from California for purposes of employment, internship or research activities; including, any non-academic paid employment, travel or visits to your prior state of residence.

  • Employment (including summer employment): Provide evidence of exact dates and purpose of each absence from California for employment:

Employer Letter: Provide a letter from each employer outside of California stating the exact dates of your employment, location of employment and Permanent Address on the employer records. Employer letters must be on employer stationary; signed and dated by your employer.

Internships or Research: Provide a letter from the Research Facility Director or Internship Program Manager stating the exact dates of your internship or employment, location of program and Permanent Address on the employer or research facility records.

Campus Department Letter: Provide a letter from your UC Davis Program Department stating the dates and location of your research and relevance to your educational program.