1. ENROLLMENT MANAGEMENT
(Admissions, Financial Aid, Outreach & Records)
A Presentation of Practices & Procedures
November 23, 2015
California Residency Practices & Procedures
By: Mayra Aguilera and Gabby Salas

2. Residency Overview What is Residency?
Who is a Resident and Nonresident?
Who Can Establish Residency?
Admission Responsibilities
Type of Legal Status
Establishing Residency
Reclassification
Evidence of Establishing Residency
Exceptions
California Dream Act (AB540) / (AB2000)
Residence Determination Dates
Falsification of Information
Non-Resident Tuition Fee
Appeal for Residency Classification

3. What is Residency? Only one place of residence
Where one remains and returns
Cannot be lost until another is gained
Can only be changed by both act and intent
Established individually
A person cannot gain residence through a spouse

4. Who Can Establish Residency?
Students who are at least 19 years old, or are married, have the legal capacity to establish residency
Minor’s residency is established by a parent(s)
Non-Citizens students that meet the residency requirements

5. Who is a Resident and Nonresident?
University requirements for establishing residency are for tuition purposes and are independent from those of other types of residency, such as for tax purposes, or other state or institutional residency
Resident - A student who has resided in the state for more than one year immediately preceding the Residence Determination Date (RDD)
Nonresidents - A person who does not have residence in California for more than one year immediately preceding the residence determination date. Nonresidents can be from another state or country

6. Admissions Responsibilities
Admission Office is responsible for determining the residence status of all new and returning students based on the
Application for Admission
Residency Questionnaire Form
Reclassification Request Form
As necessary, other evidence submitted by the student

7. Admissions Responsibilities
Application Information

8. Admissions Responsibilities
Admissions Inquiry

9. Admissions Responsibilities
Residency Data Page

10. Types of Legal Status
Aliens — Is a person who is not a citizen of the United States. They may, however, establish residency unless precluded by the Immigration and Nationality Act.
Visa/Foreign Student — A foreign student who has a permit to be in the United States on a temporary basis.
Nonresidents — A person who does not have residency in California for more than one year immediately preceding the residency determination date. Nonresidents can be from another state or country.

11. Types of Legal Status
Noncitizens — Person who is not citizen of the United States. Noncitizens may be immigrants who have established residency and may then pay resident fees.
Refugees — An alien who is outside of their country of nationality due to persecution or a well-founded fear of persecution on the account of race, religion, nationality, membership in a particular social group or political opinion. Aliens who have been granted asylum status can establish residency in the United States.
Permanent Resident — A person who must establish and maintain permanent residence in California at least one year prior to the determination date to be classified as a California resident.

12. Establishing Residency
Generally, establishing residence in California for tuition purposes requires a combination of:
Physical legal presence &
Intent to remain in California indefinitely

13. Establishing Residence
Students who are at least 19 years of age (adults) have the legal capacity to establish California residence for tuition purposes and must have:
Lived in California for at least one full year prior to the residence determination date for the term in which enrollment is contemplated
Demonstrate both physical presence in the state combined with evidence of intent to remain in California indefinitely
A student under the age of 19 (minor) normally derives residence from the parent(s) they reside with or most recently reside with.

15. Reclassification
Nonresident students seeking reclassification are required to complete a supplemental questionnaire that includes questions concerning their financial dependence on parents who do not meet University requirements.
The following criteria are required to be eligible for reclassification:
Physical legal presence in California at least one year prior to the Residence Determination Date
Relevant actions that show intent to remain in California indefinitely
Financial Independence - Student should not be financially dependent on non-resident parent(s) as defined in Education Code section 68044

17. Evidence of Establishing Residency
Evidence demonstrating intent will vary from case to case but will include:
CA voter registration & voting in CA elections
Maintaining CA vehicle license plates & CA driver’s license
Maintaining active CA bank accounts
Filing CA income tax returns & listing a CA address on federal tax returns
Owning residential property or renting/leasing an apartment where permanent belongings are kept
Maintaining active membership in CA professional or social organizations (Job)
Maintaining a permanent military address & home of record in California (Active military or Veterans)
A student who fails to submit adequate information to establish eligibility for resident classification will be classified as a Non-CA Resident.

19. Exceptions
Exceptions and an exemption which permits the paying of California resident fees by certain non-residents of California:
Members of the Military stationed in California on active duty as well their dependents
Out-of-state full-time employees of public agencies including school districts and state institutions of higher education {Education Code }
Most students who have attended a combination of three years of elementary school, middle school, high school in California & graduated or attained the equivalent (sometimes referred to as AB540/AB2000)
Whether or not an exception applies to a particular student, residency cannot be determined before an application for admissions is submitted.

20. AB540 / AB2000
Assembly Bill 540 (AB540), passed in 2011, allows students meeting the criteria to pay the same tuition and fees as resident students at California public colleges and universities. Assembly Bill 2000 (AB2000) was passed in 2014 and expands the definition of students eligible for AB540.

21. State Laws: AB540 / AB2000 The student must have:
Attended a high school (public or private) in California for three or more years, 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 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).
The student must file an affidavit with the college or university stating that he or she has 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.

23. Request for Information

24. Residence Determination Dates
Residence Determination Dates are set each semester term:
Fall September 20
Spring January 25
Summer June 1
Note: No exceptions to the RDD, deadlines are placed by the Chancellor’s Office
The student is responsible for submitting proper documentation prior to the Residence Determination Dates in order for the Admissions Office to process student Residency Reclassification for the specified term
Residence Reclassification requests received after the determination date/deadline for the requested term will be automatically reviewed for the next available term

25. Falsification of Information
Students incorrectly classified or granted an exception from nonresident’s tuition are:
Subject to reclassification as nonresidents and payment of nonresident tuition in areas
If incorrect classification results from false or concealed facts, the student is also subject to discipline pursuant to Section of Title 5 of the California Code of Regulations

26. Non-Resident Tuition Fee
Non-Resident students (Foreign and Out of State Residents)

27. Appeal for Residency Classification
Students classified as non-residents may appeal a final campus decision within 120 days of notification by the campus. A campus residence classification appeal must be in writing and submitted to:
The California State University
Office of General Counsel
401 Golden Shore, 4th Floor
Long Beach, CA
The Office of General Counsel can:
Make a decision or
Send the matter back to the campus for further review

28. Forms
Residence Reclassification Request
Residence Questionnaire
Affidavit AB540 California Nonresident Tuition Exemption Request

29. References

30. Questions?

31. Please fill out the Survey
Thank You For Coming!
The presentation will be available online:
“Admissions: 2015 Admissions, Records, & Financial Aid Campus Presentation”
Please fill out the Survey
We would like to take your input into consideration for future information sessions.