Saturday, April 19, 2014

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Residency

This information is in no way a complete explanation of the residency laws and regulations. Some cases require more extensive investigation and will be handled on a case-by-case basis. The burden of proof to clearly demonstrate both physical presence and intent is the responsibility of the student.

California Residency & Community Colleges
California state law requires students who are applying for admissions or students currently enrolled requesting residency reclassification to provide information and evidence to determine his/her residence status. (Education Code, Sections68000-68090 & 76140)

Residency is determined by the union of physical presence and evidence of intent to make California the permanent home for one year as of the residency determination date. The residency determination date is the day immediately preceding the opening day of a semester or session.

A legal resident of California must provide verification of the following*:

  1. Physical presence for one year prior to the residency determination date includes but is not limited to:
  • Rental/lease agreement
  • Utility bills
  • Employment pay stubs
  • Bank statements
  1. Intent--acceptable intent includes but is not limited to:
  1. Filing California state taxes as a resident.
  2. Maintaining California as the legal state of residence on leave and earning statement and W-2 forms while in the military.
  3. Possession of a valid Resident California Vehicle Registration.
  4. Possession of a valid California Driver's License.
  5. Registering to vote and voting in California.
  6. Being a petitioner for divorce in California.
  7. Obtain licensing from California for professional practice.
  8. Registering for Selective Service.

*Students who have immigrant or non-immigrant status may also be required to submit verification of their application date or adjustment of status from the Bureau of Immigration and Citizenship Service (BICS).

  1. The following may be inconsistent with the claim to establish California residency:
  1. a. Maintaining out-of-state driver's license or vehicle registration.
  2. Filing the California non-resident tax form.
  3. Maintaining voter registration in another state.
  4. Attending an out-of-state institution as a resident of that state.
  5. Petitioning for divorce in another state.
  6. Paying resident tax to another state.

UNDER 19 YEARS OF AGE
Unmarried minors derive their residency status from the parent with whom they are residing. If the minor is not living with either parent, residency is derived from the parent with whom he or she last lived. The student may be classified as a resident if the parent meets the residency requirements as outlined in this brochure.

There are some exceptions to the rule for minors and these exceptions are determined on a case-by-case basis.

PERSONNEL OF THE UNITED STATES MILITARY
Active military personnel regardless of the length of stay in California shall be classified as residents and are exempt from non-resident tuition.

Requirements: Verification of active status with military identification every term of re-enrollment.

DEPENDENTS OF THE UNITED STATES MILITARY
A student who is a natural or adopted child, stepchild or spouse of an active military member shall be given resident classification until he or she has resided in California the minimum time necessary to become a resident.
Requirements:

  1. Student must be a dependent for federal income tax purposes.
  2. Student must not have lived in California for more than one year since arriving or since attaining age 18, whichever came later.

UNDOCUMENTED IMMIGRANTS
An undocumented immigrant is a person who has no documents evidencing that he or she has applied to the BCIS to legalize his or her status in this country.
Undocumented immigrants are not eligible to establish California residency. However, they may become eligible to establish California residency if they take the appropriate steps with BCIS to change their status to a classification that does not preclude them from establishing domicile in the U.S.

DOCUMENTED IMMIGRANTS
Those considered eligible to establish California residency are permanent residents, lawful temporary residents, amnesty, refugees, asylees, and the following non-immigrant visa types: A, E, G, H1, H4, I, K, L , 01, 03, and R. The one-year duration period begins after the application for adjustment of status has been filed.
Students with B, C, D, F, H2, H3, J, M, O, P, Q, TN, and TD Visas are precluded from establishing residency and cannot be classified as residents.

Non-resident classification: will require the student to pay the current California enrollment fees, plus the additional non resident tuition (refer to class schedule for current fees).

California Resident classification: Will entitle the student to pay the current California enrollment fees.

Note: Mexican Nationals who currently posses a valid B1/B2 visa and/or Mexican passport, must submit an International Application to Southwestern College prior to submitting a general application - click here for an application www.swccd.edu

THIS INFORMATION IS AVAILABLE IN ALTERNATE MEDIA - TO REQUEST, CALL (619) 482-6512 OR TTY (619) 482-6470.

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Required Printable Residency Forms Additional Residency Forms (Required on a case by case basis)

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