New Students – Statement of Legal Residence
Continuing Students – Petition for Change of Residence Status
Nonresident Eligible California High School Graduates – California Nonresident Tuition Exemption Request (AB540)
Submission due dates for Fall 2020 Semester: All forms related to Residency for Tuition Purposes (Statement of Legal Residence, Petition for Change of Residence Status and California Nonresident Tuition Exemption Request) are due by June 5, 2020. Exception: For students admitted after May 26, 2020, forms are due ten (10) calendar days after the date of admission.
COVID-19 TEMPORARY AMENDMENT TO UC HASTINGS RESIDENCY POLICY
The UC Hastings Residency Policy and Guidelines (The Guidelines) currently provide that absences of six weeks or more in a one-year period disqualify a student from receiving in-state status. The Guidelines are hereby amended to provide that a student’s absence from the state for any length of time between March 9, 2020 and August 17, 2020 (the Residency Determination Date for fall 2020) shall not be counted toward the six-week limit if the absence is caused by the COVID-19 pandemic. This means that students who temporarily leave California in response to the pandemic remain eligible for in-state residency for the 2020-21 academic year so long as they meet all other applicable eligibility requirements.
All Guidelines contrary to the provisions of this amendment shall be suspended to the extent of the conflict, during the period this amendment remains in force. Further extensions of this policy will be considered if necessary to accommodate students whose circumstances are impacted by the COVID-19 emergency. These amendments stand until such time as they are rescinded by the General Counsel.
UC Hastings Residency Policy
To establish California residence, at least 366 days prior to the term for which you request classification as a California resident, you must have established a primary and permanent domicile in California and relinquished all ties to your past place(s) of residence. You also must be a U.S. citizen or permanent resident, or you must have an immigration status that allows you to establish California residence.
Establishing Residency for Tuition Purposes
To establish residence, you must be physically present in California with the intent to make California your permanent home, and you must demonstrate by your actions that you have given up your former residence to establish a residence in California. Once you have established your residence in California, you must reside in California for more than one year (366 days) before you will be eligible to be classified as a resident for tuition purposes. If you are in California solely for educational purposes, you will not be considered to have established a residence for tuition purposes, regardless of the length of your stay. Your residence cannot be derived from your spouse or from your parents unless you are a minor.
You are not eligible to establish residence if you are an adult alien present in the U.S. with a nonimmigrant status that precludes you from establishing a domicile in the U.S. (including, but not limited to, B, F, H2, H3, J, M, O, P, Q, S, TN, and TD visas) or an alien without a legal immigration status.
Your intent to be a California resident is judged by your actions. You must show, by the actions you take after you move to California, that you are present in California because you intend to reside here indefinitely, as opposed to being in California to go to school. Acts that may indicate your intent to make California your permanent home include, but are not limited to: establishing a home in California in which your personal belonging are kept; designating California as your permanent address on all records; registering to vote and voting in California elections; registering your vehicle in California and obtaining a California driver license; paying California income taxes on all income since the date you moved to California; remaining in California during non-instructional periods; establishing bank accounts in California; and the absence of these and any other indications of residence in other states or countries during any period for which you claim California residence.
You must take these actions by the class instruction end date of the first semester you were enrolled at UC Hastings (UCH). Thus, if you matriculate at UCH in fall semester and you want to petition for reclassification as a California resident effective in fall semester one year later, you must take these actions to demonstrate intent by the class instruction end date of your first fall semester. For income tax filing, you must meet the requirement during the tax filing period closest to your reclassification date.
Exemptions from Nonresident Tuition
The following categories of students may be entitled to an exemption from nonresident tuition: (1) certain members and former members of the U.S. military and their spouses, registered domestic partners, and dependent children; (2) unmarried dependent children and spouses of tenure-track, tenured and long-term contract faculty of UCH, career employees of UCH and UC, and members of the UC faculty who are members of the Academic Senate; (3) full-time UC employees who are assigned to work outside California; (4) children, spouses, and registered domestic partners of deceased public law enforcement or fire suppression employees killed in the course of their official duties who were California residents at the time of their death; (5) dependent children of California residents; (6) graduates of a California high school operated by the Federal Bureau of Indian Affairs; (7) credentialed employees of a California public school; (8) amateur student athletes training at the US Olympic Training Center in Chula Vista; (9) certain students who attended school in California; (10) surviving dependents of California residents killed in the 9/11/01 terrorist attacks; (11) recipients of the Congressional Medal of Honor and their children under age 27. For students in categories (2) & (3), a review will be conducted each term to verify continuation of the applicable status.
If you are in the process of establishing residence in California for tuition purposes and you leave California (e.g., if, during the summer break, you return to your former home state or to the state in which your parents reside), you will be presumed to be in California solely to pursue your educational objectives. Only convincing evidence to the contrary will rebut this presumption. Students who are in California solely for educational purposes are not eligible to be classified as residents for tuition purposes regardless of the length of their stay in California.
If you have been classified as a resident and you leave California, your absence could result in the loss of your residence status unless you can show that your absence was temporary and that while you were away you maintained your California residence and did not acquire a residence elsewhere.
Petitions for Change of Residence Status
You may petition for a change of classification from nonresident to resident status by submitting a Petition for Change of Residence Status with copies of the supporting documents (see the section “Demonstrating Intent” for example of documentation).
Nonresident Eligible High School Graduates
For the California tuition exemption for students who have attended school or community college in California (AB540), submit California Nonresident Tuition Exemption Request (AB540).
If you have been incorrectly classified as a resident, or incorrectly determined to be exempt from nonresident tuition, such errors will be corrected and you will be required to pay all nonresident tuition not paid. If you conceal information or furnish false information resulting in an incorrect determination, you may be subject to student disciplinary procedures. Resident students who have become nonresidents must immediately notify the Residence Officer.
Inquiries and Appeals
Inquiries regarding residence requirements, determination, exemptions and appeals should be directed to the Residence Officer at firstname.lastname@example.org or (415) 565-4715.
A student classified as a nonresident by the Residency Officer may appeal that adverse decision, in writing, to the General Counsel by no later than the tenth (10th) business day following the date of notification of classification as a nonresident. General Counsel shall rule on the appeal in writing. An adverse decision of the General Counsel may be appealed, in writing, to a committee of the Board consisting of three (3) members of the Board appointed for that purpose by the Chair of the Board. The appeal must be filed with the Office of the General Counsel no later than the tenth (10th) business day following the adverse decision of the General Counsel. The committee shall base its decision solely on the student’s residency records, the adverse decision of the General Counsel, the two appeal petitions, and applicable laws and regulations. Its decision shall be final. The collection of the nonresident tuition will be stayed until a final written decision of the committee is rendered.
Submit appeals to: email@example.com
The subject line of the email should read, “APPEAL OF RESIDENCE DETERMINATION, [student first and last name, student ID number]”
Dependent Member of the Military
A student who is a dependent natural or adopted child, stepchild, spouse or registered domestic partner of a member of the armed forces of the United States stationed in California on active duty is entitled to a resident classification. Graduate and professional students are entitled to the waiver for no more than one academic year. If, while the student is in attendance at UCH, the member of the armed forces is (1) transferred outside California where he continues to serve on active duty or (2) is retired from active duty, the student will not lose his exemption until he has resided in the state the minimum time necessary to become a resident (366 days). Financial independence will not be a requirement and the waiver is available to all children who are dependents for federal income tax purposes; it is not limited to minors.
The student must be the dependent of a member of the armed forces who:
- Is stationed in California on active duty on the residence determination date, or
- After serving in California on active duty has been transferred outside California where he continues to serve, or
- Has retired from active duty immediately after serving in California.
No UC Hastings personnel other than the Residency Officer and the General Counsel are authorized to supply information regarding residence requirements and exemptions. You are cautioned that this is not a complete explanation of the law regarding residence or exemptions and that changes may have been made in the residence requirements between the publication of this statement and the relevant residence determination date. For matters not addressed herein, the Residency Officer and the General Counsel refer to applicable law and the University of California Residency Policy and Guidelines as reasonably applied to UC Hastings.