California state law requires that each student enrolled in or applying for admission to a California community college provide information and evidence to determine their residence classification for tuition purposes. The guidelines below will help you determine if you are a California resident for purposes of attending a California community college.
Residents of California are entitled to attend a community college by paying the community college enrollment fee. Nonresidents must pay the enrollment fee plus nonresident tuition plus a per-unit capital outlay fee. For the current fee schedule see the current schedule of classes or visit the Cost of College page on your college website.
To qualify as a resident, the student must meet the following requirements:
- Be physically present in California for at least one year and one day prior to the first day of the semester.
- Show documentation of intent to establish California residency dating at least one year and one day prior to the first day of the semester to present.
- Not be precluded from establishing residency by provisions of the Immigration and Nationality Act.
- Financial independence: A student seeking reclassification as a resident MUST demonstrate financial independence, along with physical presence AND intent. If your parents are not residents of California, you will be required to be financially independent in order to be a resident for tuition purposes.
NOTE: A dependent student may derive residency from their parent or legal guardian.
The College will make the final determination of residency, but the burden of proof is on the student to demonstrate clearly, with proof, both physical presence in California and intent to establish California Residence. Generally, intent cannot be proved with only one or two pieces of evidence. The more evidence you can present to show intent, the easier it is to become a California resident for tuition purposes. A person begins to establish intent by doing as many of the below-mentioned actions AS SOON AS POSSIBLE after their arrival in California.
All immigration documentation and proofs of California residency must be submitted to the Admissions and Records Office PRIOR to the start of the semester of attendance.
A person’s presence in California and the factors below are considered in determining California residency:
| Supplementary documentation TYPE | Physical Presence | Intent | Financial Independence |
|---|---|---|---|
| Ownership of residential property in California or rental/lease agreement of off-campus residence showing continued occupancy in California | X | ||
| Registered to vote, and voting in California (verified by County Clerk) | X | ||
| License from a California professional practice | X | ||
| Maintained a business or employment in California (prior year tax returns and current year pay stub with CA address) | X |
X |
|
| Active membership in California professional, religious, or merchant service organizations or social clubs | X | ||
| Indicating a California address on California State and Federal income tax forms (i.e., W-2, 540, 1040...). If the end of the tax year does not fall one year and one day prior to residence determination date, one of the following documents is also required: check stubs, letter from employer or other verification | X | X | X |
| Possession of California motor vehicle license plates/registration | X | X | |
| Possession of valid California driver's license or California DMV Identification Card | X | X | |
| Maintained a California address as the home of record in military records (DD214) and on the leave and earnings statement (LES) while in the Armed Forces | X | X | |
| Maintained active savings or checking accounts in California banks (statements, checks or other documentation must show California physical address and inclusive dates) | X |
X |
|
| Petition for divorce as a California resident | X | ||
| Possession of hunting or fishing license as a resident of California | X | X | |
| Selective Service registration with a permanent California address | X | ||
| Utility Bills (e.g., cell phone, gas, electrical) or insurance premiums with a California address covering a one year period prior to the residency determination date | X | ||
| Receipt of benefits (e.g., unemployment, disability, CalFresh*) from a California state agency covering a one year period prior to the residency determination date |
X |
X |
X *Must be monetary benefits |
| Moving contract showing a California address | X |
|
|
| Filed FAFSA as financially independent | X |
No one factor automatically determines residency.
Financial Independence (EDC § 68044 & TITLE 5 § 54032)
A student seeing reclassification from nonresident to resident status must show financial independence from their non-resident parent(s) or guardian(s) in accordance with EDC § 68044; TITLE 5 § 54032. In order to establish financial independence, a student seeking reclassification must show the extent to which he or she has met the following criteria for the current and each of the immediately preceding three calendar years:
- That the student has not been claimed as an exemption for state and federal tax purposes by his or her nonresident parents in the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application.
- That the student has not received more than $750 from his or her nonresident parents; and
- That the student has not lived in the home of his or her nonresident parents for more than six weeks during the calendar year the reclassification application is made and in any of the three calendar years prior to the reclassification application.
Relevant documentation to support a finding of financial independence may include tax returns from the student to verify the student’s income and from parents to verify the student was not included as a dependent, W-2s, apartment rental contracts or leases and copies of other necessary financial documentation (bank statements, loans, trusts, etc.) to verify the sources of the student’s income/savings. In terms of appropriate tax returns to use in review, submit the latest returns available (for example, for the 2025 – 26 academic year, including spring term reclassifications, you are expected to provide tax returns for 2022, 2023, and 2024).
Residency Reclassification Request
Residency changes are not automatic. Students whose residency status changes during their enrollment at an SCCCD College must complete a Residency Reclassification Request form prior to being considered California residents.
This requirement is based on the California Education Code § 68000 and after, and the California Code of Regulations, Title 5, § 54000-54072.
California law (AB540) provides for students who meet the criteria to be considered as residents for tuition purposes. This applies to students who may be an alien without lawful immigration status, as well as to students who have moved out of state and subsequently returned to California. A student is exempt from paying nonresident tuition if the student meets all of the following four requirements:
- The student must have:
- Attended a combination of California high school, adult school, and California Community College for the equivalent of three years or more OR
- Attained credits earned in California from a California high school equivalent to three or more years of full-time high school course work and attended a combination of elementary, middle, and/or high schools in California for a total of three or more years.
- The student also must have:
- Graduated from a California high school or attained the equivalent prior to the start of the term (for example, passing the GED or California High School Proficiency Exam (CHSPE) OR
- Completed an associate degree from a California Community College OR
- Completed the minimum requirements at a California Community College for transfer to a California State University or a University of California.
- The student must register as an entering student at, or have current enrollment at, an accredited institution of higher education in California.
- The student 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.
The following are legally mandated or permissible exemptions from payment of nonresident tuition; it is important to know that they do NOT change a student’s resident status.
SB 141 U.S. Citizen Children of Deported Parent:
- Education Code 76140
Effective January 1, 2014, districts are required to exempt from nonresident tuition a nonresident student who is a U.S. citizen and meets all of the following requirements:
- Demonstrates a financial need for the exemption
- Has a parent or guardian who has been deported or was permitted to leave voluntarily under the federal Immigration and Nationality Act (must provide USCIS documentation)
- Moved abroad as a result of the parent/guardian departure
- Lived in California immediately before moving abroad (must provide documentation)
- Attended public or private high school in California for at least three years (must provide documentation to support three years of attendance)
- Upon enrolling, will be in his/her first academic year as a matriculated student in a California public college or university
- Will be living in California and will file an affidavit with the college that he/she intends to establish residency in California as soon as possible
- Provides documentation as required by statute under EC 76140
Military Resident Exemption
A student who is a member of the armed forces of the United States stationed in California on active duty, except a member of the armed forces assigned for educational purposes to a state-supported institution of higher education, is entitled to resident classification. contact the Admissions and Records office for details.
