Regents Policy 3105: Policy on Residency

Approved March 29, 2012

  1. The residence of each student at the University of California shall be determined in accordance with rules governing residence as set forth below. (All statutory references herein, unless otherwise noted, are to the California Education Code.)
    1. Legislative Matters: Legislative intent, Legal action, and Applicability to the University: as provided in Sections 68000, 68133, and 68134.
    2. Residence Procedures: Student classification; Information and evidence concerning residence; Oath or affirmation; Person administering oath or affirmation; Nonresident not obtaining residence as a result of maintaining continuous attendance; and Nonresident tuition: as provided in Sections 68040-68043, and 68050.
    3. Residence Definitions: “Institution”; “District”; “District governing board”; “Governing board”; “Parent”; “Student”; “Continuous attendance”; “Resident”; “Nonresident”; “Resident classification”; “Residence determination date”: as provided in Sections 68011-68012, 68014-68018, and 68022-68023.
    4. Physical Presence and Intent: Every person has a residence; Residence of persons who are married or 18 years of age; Determination of place of residence: as provided in Sections 68060-68062.
    5. Financial Independence: Rules and regulations concerning student’s classification:
      1. As provided in Section 68044, but excluding the words “classified as a nonresident seeking reclassification” from Paragraph 1 and substituting the words “seeking classification,” and excluding Paragraph 3 of Section 68044.
      2. In addition to the provisions of Section 68044, as amended by this policy, a student shall be considered financially independent if the applicant:
        1. is at least 24 years of age by December 31 of the year the applicant requests residence classification; 
        2. is a veteran of the U.S. Armed Forces;
        3. is a ward of the court or both parents are dead; 
        4. has legal dependents other than a spouse or registered domestic partner; 
        5. is married, or in a registered domestic partnership, or a graduate student or professional student, and will not be claimed as an income tax deduction by any individual other than his or her spouse or domestic partner for the tax year immediately preceding the request for residence classification; or 
        6. is a single undergraduate student, and was not claimed as an income tax deduction by his or her parents or any other individual for the two years immediately preceding the request for residence classification, and demonstrates self-sufficiency for two years. The two years used to demonstrate self-sufficiency are the two years immediately preceding the request for residence classification.
  2. Each nonresident student at the University shall pay a nonresident tuition fee for each term of attendance at the University, except that such fee, with the approval of the President of the University, may be remitted or waived in whole or in part in the case of any student who qualifies as a graduate student with a distinguished record, a foreign student, a teaching assistant or teaching fellow, or a research assistant; or in the case of a nonresident student who is an unmarried dependent son or daughter under age twenty-one, or a spouse or registered domestic partner, of a member of the University faculty who is a member of the Academic Senate.
  3. The following exceptions shall grant students a resident classification for purposes of tuition and fees:
    1. Minor under age 18 who is a student who remains in California after his or her parent moves elsewhere; Self-supporting student; Minor who has not been an adult more than one year preceding residence determination date; Student under care of adult: as provided in Sections 68070-68073.
    2. Dependent of member of the Armed Forces; Member of Armed Forces; Armed Forces members; Remaining in state following discharge: as provided in Sections 68074-68075.5.
    3. Dependent of California resident of more than one year; Parent residing in California for one year and contributing court-ordered support for student: as provided in Section 68076.
    4. Graduate of California school operated by the United States Bureau of Indian Affairs: as provided in Section 68077.
    5. Student holding credential; Other conditions: as provided in Section 68078.
    6. Amateur student athlete in training at a U.S. Olympic Training Center: as provided in Section 68083.
    7. Student 19 years of age or under; Current or former dependent or ward of state: as provided in Section 68085, amended to read: “Notwithstanding any other provisions, a student who resides in California and is 19 years of age or under at the time of enrollment, and who is currently a dependent or ward of the state through California’s child welfare system, or was served by California’s child welfare system and is no longer being served either due to emancipation or aging out of the system, shall be entitled to a resident classification as long as he or she remains continuously enrolled.”

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