California Residency Information

Additional Information

• Residency Requirements

  Residency Requirements:

  To qualify as a resident, the student must demonstrate the following: 

  • Physical presence in California for one year and one day prior to the start of the term (Title 5 § 54020 and § 54022).

  • Intent to make California your home for other than a temporary purpose for one year and one day prior to the start of the term. (Ed. Code § 68041; Cal. Code Regs., Title 5 § 54024)

  It is the student’s responsibility to clearly demonstrate both physical presence in California and intent to establish California residence. Note: If you have entered the U.S. from another country, the College is required to use your immigration status to determine your residency. 

  Physical Presence:  You must have been physically present in California for one year and one day on the first day of the term you wish to be classified as a California Resident (California Administrative Code Title 5, Section 54022).

  Intent to Remain in California: Intent to make California your home for other than a temporary purpose may be demonstrated in several ways. You must provide a minimum of two (2) items from different categories on the list below that are dated at least one year and one day prior to the first day of the term (California Administrative Code Title 5, Section 54024). 

  Financial Independence (reclassification): Under Title V of the California Code of Regulations §54032, a student seeking reclassification as a resident, who was classified as a nonresident in the preceding term, shall be determined financially independent or dependent in accordance with California Education Code §68044 which requires that the financial independence to be included in the factors considered in determination of residence reclassification.

  Any student claiming application of the self-supporting exception pursuant to Education Code §68071 shall provide evidence such as: documentation, including W-2 forms or a letter from the employer, showing earnings for the year immediately preceding the residence determination date of attendance, a statement that the student has actually been present in California for said year (short absences from the state for business or pleasure will not preclude the accumulation of time) and a statement showing all expenses of the student for said year.

• State Approved Residency Documents/Proofs

  A minimum of two documents/proofs is required for residency reclassification consideration. It is the student’s responsibility to clearly demonstrate both physical presence in California and intent to establish California residence. All official documents presented must be valid, readable, dated at least one year and one day prior to the residence determination date, and be properly identified with respect to the student’s name and California address. The Enrollment Center reserves the right to request additional documentation in its efforts to determine CA Residency for tuition purposes.

  Note: If you have entered the U.S. from another country, the College is required to use your immigration status to determine your residency.

  List of Acceptable Documents/Proofs:

  1. California-issued Identification:
     1. Current California driver’s license or Department of Motor Vehicles documentation of California driver’s license.
        OR
     2. California Identification card.
  2. California Motor Vehicle Registration Certificate
  3. Establishing and maintaining active California bank accounts – bank statement or letter of verification from bank with California address.
  4. Records of Income:
     1. Documentation of employment – check stub, typed and signed letter from employer on company letterhead with employment start date, or company identification (work badge with employment dates).
        OR
     2. California Resident State Income Tax Form 540 or 540A, from previous year or 540NR (required by law of any part-year, taxpaying resident of California). If the end of the tax year does not fall one year and one day prior to the residence determination date, one of the following documents so dated is also required: check stubs, a note from the employer, or other verification.
        WITH
        Federal Income Tax Form 1040A or 1040EZ from previous year with California address. If the end of the tax year does not fall one year and one day prior to the residence determination date, one of the following documents so dated is also required: check stubs, a note from the employer, or other verification.
  5. Verification of California Voter Registration (Voter Registration Card)
  6. Rental/Lease agreement (for one year) or documentation of purchase and occupancy of residential real estate in California. Examples: Loan papers, tax receipts, escrow papers, or documentation of rental residential lease for one year. Month-to-month leases are not acceptable.
  7. Selective Service registration with California permanent address – Selective Service Registration Card.
  8. Maintaining permanent military address or home of record in California while in armed forces – DD214.
  9. Documentation of the student as a California resident having received rehabilitation, unemployment, welfare, or other State Services–service receipts or agreements of certification by the appropriate agency showing the student as recipient.
  10. Petition for a divorce in California – legal document.
  11. License from California for professional practice – legal document.
  12. Documentation of active resident membership in California professional, service, or social organization – school organization not accepted.
• Guidelines
  1. ​If the applicant is under the age of 18, his or her parents must have had legal residence within the State of California for 12 consecutive months preceding the day before the first day of the semester.  
  2. If the applicant is 18 but not yet 19 years of age, the applicant and the applicant’s parents must have had legal residence within the State of California for 12 consecutive months preceding the day before the first day of the semester. 
  3. If the applicant is 19 years of age or older, the applicant must have had legal residence within the State of California for 12 consecutive months preceding the day before the first day of the semester. If the applicant’s parents or legal guardian’s reside out-of-state, the student must be financially independent (see Non-California Residents #2.) 
  4. If the applicant is a military veteran with a DD214 showing California as their home of record, the applicant should submit their DD214 as their residency proof. No additional document is required for initial review; the Residency Specialist may request additional documentation as needed.
  5. Military veterans and dependents should review all options available to them via the Veterans Services webpage.
  6. A non-citizen holding a visa that does not preclude the student from establishing residency in California must have legal residence in California for 12 consecutive months proceeding the day before the first day of the semester.  
  7. If you have entered the U.S. from another country, the College is required to use your immigration status to determine your residency.
• Non-California Residents

  ​Students who do not meet the California residence requirements as of the day immediately preceding the first day of the semester or summer session are required to pay the non-resident tuition fees. This includes:

  1. Minors (under 18 years of age and not married) will be required to pay the non-resident tuition fee if their parents or legal guardians reside outside the state even though such minors may have lived in the State of California for one year or more. 

  2. Students who are financially dependent on their parents or legal guardians will be required to pay non-resident tuition if their parents or legal guardians reside outside the state even though such students may have lived in the State of California for one year or more. 

  3. Students holding visas that preclude them from establishing residency in California may be restricted in their enrollment and will have to pay non-resident tuition. In addition, students with visas who are citizens of another country are required to pay an additional per unit capital outlay fee. See the class schedule for the amount of the fee.

• How can a non-resident student establish residency?

  If you are classified as a non-resident for tuition purposes you must prove both physical presence in California for one full year immediately preceding the semester determination date, and intent to make California the permanent home for the past year (California Administrative Code Title 5, Section 54024). Presence and intent may be manifested in many ways – no one factor has priority.

  If you think you may be eligible to establish California residency per the residency requirements, you may complete the Statement of Residence Form and provide the necessary documents as indicated above, for review of your residency status. Persons generally ineligible to establish California residency include: students under age 18, students dependent on out-of-state parents/guardians, students with certain visa or citizenship status, etc.. For further information regarding who is eligible to establish residency, you may contact us in Enrollment Services: occresidency@occ.cccd.edu.

  Note: Students who are in the process of requesting a change of residency status must meet the fee obligation and refund deadlines for each course in which they enroll, in order to cancel their fees.

• Visas and Immigration Statuses that May Establish Residency

  The following visas and citizenship/immigration statuses may be eligible as long as the student also meets the one year and one day criteria regarding physical presence and intent to make California home for other than temporary purposes:

  Visas: A-1, A-2, A-3, E-1, E-2, E-2C, E-3, G-1 to G-5, H-1B, H-1C, H-4, K-1, K-2, K-3, K-4, L-1A, L-1B, L-2, N-8, N-9, NATO 1 to 7, O-1, O-3, R-1, R-2, R-3, SIV, T-1 to T-6, U-1 to U-5, V-1, V-2, V-3

  Citizenship/Immigration Statuses:

  • US Citizens
  • Permanent Resident Aliens and Permanent Resident Applicants*
  • Asylees and asylum applicants*
  • Refugee applicants*
  • Applicants for "withholding of removal"*
  • Applicants for the Family Unity Program, LIFE Act,a nd LIFE Act Family Unity Provisions*
  • Applicants for Temporary Protected Status*
  • Applicants for VAWA Self-Petition*
  • Persons from Guam or Puerto Rico (Trust Territories), the Federated States of Micronesia, Palau, Kofrae, Ponape, Truk, Yap, Marshall Islands, American Samoa, and Tonga (unless they have applied for an F-1 visa)
  • Persons covered under the "Jay Treaty"
  • Persons granted DACA status

  *The one-year duration may not begin until application has been made and documented for this change of status.

• Visas Ineligible to Establish Residency

  The following visa/immigration statuses PRECLUDE a student from establishing residency, regardless of the length of time in California:

  B-1, B-2, C-1 to C-4, D-1, D-2, F-1, F-2, F-3, H-1B1, H-2A, H-2B, H-3, H-4, J-1, J-2, M-1, M-2, M-3, O-2, O-3, P-1, P-2, P-3, P-4, Q-1 to Q-3, S-5, S-6, S-7, TN/TD, TWOV

  Please note that the list above is not exhaustive and other visas and immigration statuses not listed here may also be precluded.

• Exemptions authorized by the State of California

  1. Active military personnel are exempt from non-resident tuition fees provided they are in California for a purpose other than attending a state-supported institution of higher learning.
     Dependents of military personnel stationed on active duty in California are given a waiver of non-resident fees.

  2. Veteran military personnel that were stationed in California for more than 1 year prior to separation

  3. Veterans Access, Choice and Accountability Act (VACA) provides an exemption for “covered” veterans and military dependents. This includes enrolled individuals who are eligible for VA education benefits under Chapter 30, 33, 31, 35, or the Fry Scholarship, and reside in California. Students can apply for the VACA waiver online and contact Veterans Services for more information.

  4. Non-resident students who have completed three years of high school in California and graduated in California (or equivalency) may qualify for a waiver of non-resident fees by filing the California Nonresident Tuition Exemption (AB 540) form. *This exemption is not available for persons who are absent from California and are taking distance education classes.
     
     
  5. Non-resident students who have attended a high school (public or private) in California for three or more years,

     1. 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 and

     2. The student 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) (AB 540/AB2000 – California Nonresident Tuition Exemption).

  6. Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted to one year from the date the student settled in California upon entering the United States. This exemption applies to the following:

     1. Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq

     2. Afghan and Iragi translators (and their spouses and children) who worked directly with the United States Armed Forces

     3. Afghanistan nationals who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan

     4. Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code

  7. AB 1113 via Education Code 68120.3 provides an exemption from tuition and fees for any qualifying surviving spouse or child of a licensed physician, licensed nurse, or first responder, who died of COVID-19 during the COVID-19 state of emergency and was a California resident.

California Nonresident Tuition Exemption (AB 540)

AB 540 Requirements

• Requirement 1: Attendance at California Schools

  Requirement 1: Attendance at California Schools

  • Total attendance (or attainment of credits earned) in California equivalent to three or more years of full-time attendance at California high schools, California adult schools, campuses of the California Community Colleges, or a combination of these; OR

  • Three or more years of full-time high school coursework in California, and a total of three or more years of attendance in California elementary schools and/or California secondary schools.

• Requirement 2: Completion of a Course of Study

  Requirement 2: Completion of a Course of Study

  • Graduation from a California high school or equivalent; OR

  • Attainment of an associate degree from a California community college; OR

  • Fulfillment of the minimum transfer requirements established for the University of California or the California State University for students transferring from a California community college

• Requirement 3: Registration

  Requirement 3: Registration

  Requires registration as an entering student at, or current enrollment at, an accredited institution of higher education in California. (Ed. Code, § 68130.5, subd. (a)(3).)

• Requirement 4: Affidavit of student without lawful immigration status

  Requirement 4: Affidavit of student without lawful immigration status

  Students without lawful immigration status must file an affidavit with their college or university stating that the student has either filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. (Ed. Code, § 68130.5, subd. (a)(4).)

  Students can use the AB 540 form on this page or the affidavit embedded in the California DREAM Act Application (CADAA) to meet this requirement.

• Important Notes

  Important Notes

  • Nonimmigrant alien students (other than “T” or “U” nonimmigrant visa holders in accordance with Education Code section 68122 and effective January 1, 2013 pursuant to AB 1899 of 2012), as defined by federal law, are not eligible for the AB 540 exemption.
  • If approved for AB 540, although a student is exempted from paying nonresident tuition, they remain nonresidents until such time as they change their immigration status to one that allows establishing a domicile in the United States.

Questions?