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MSJC > Student Services > Enrollment Services > Residency Requirements

Residency Requirements

 

The information below provides a general summary of the principal rules on residency and their exceptions. For the detailed rules used by admission officers for residency determination, reference should be made to regulations of the Board of Governors of the California Community Colleges in Sub-Chapter 1 (commencing with Section 54000) of Division 6 of Chapter V, of Title 5 of the California Administrative Code, and the regulations and guidelines available at the admissions office. These regulations are subject to change without notice by the state Legislature.

Determination of Residency

Each person enrolled or applying for admission to a California community college is, for purposes of admission and/or tuition, classified as a "California resident" or as a "nonresident." If students are classified as California residents, they will be admitted to the college without paying non-resident tuition. Students classified as nonresidents will be required to pay non-resident tuition in an amount set by the governing board of the district.

A "California resident" is a person who has resided within California for at least one year and one day prior to the first day of the term of enrollment and can provide documentation of his/her intent to make California their permanent residence.

A "nonresident" student is one who does not have residence in the state for more than one year prior to the residence determination date and cannot provide documentation of intent to make California their permanent residence.

Non-resident tuition

                                   

Non-Resident Fee
per Unit
      $193.00
Effective
Fall 2014
Capital Outlay Fee
per Unit
        $16.00
Effective
Fall 2014
California Enrollment Fee per Unit
        $46.00
Effective Summer 2012
Total per Unit
     $255.00
 
 

A non-resident tuition fee will be charged students 18 or over at the time of registration who have not established residency in the state of California for a period of one year prior to the date of enrollment. Students under 18 will be charged non-resident tuition if the students' parents or legal guardians are residents of another state.

If you do not appear and do not drop and the instructor fails to drop you, YOU will be held responsible for fees, grades, etc.

Establishing Residence

To establish residence, a person capable of establishing residence in California MUST couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make California the permanent home. The burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence. The following explanations will assist in determining physical presence and intent.

Physical Presence

  1. A person capable of establishing residence in California MUST be physically present in California for one year prior to the residence determination date to be classified as a resident student.
     
  2. A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.
     
  3. Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.

Intent

The following factors are considered in determining California residency but are not exclusive (a minimum of 3 must be provided but not limited to the items listed below):
 
  1. Ownership of residential property or continuous occupancy of rented or leased property in California
     
  2. Registering to vote and voting in California
     
  3. Licensing from California for professional practice
     
  4. Active membership in service or social clubs
     
  5. Presence of spouse, children or other close relatives in the state
     
  6. Showing California as home address on federal income tax form.
     
  7. Payment of California state income tax as a resident.
     
  8. Possessing California motor vehicle license plates.
     
  9. Possessing a California driver's license.
     
  10. Maintaining a permanent military address or home of record in California while in armed forces.
     
  11. Establishing and maintaining an active California bank account.
     
  12. Being the petitioner for a divorce in California.

 

  1. Intent to make California the home for other than a temporary purpose may be manifested in many ways. No one factor is controlling.
     
  2. A student who is 19 years of age or over and who has maintained a home in California continuously for the last two years shall be presumed to have the intent to make California the home for other than a temporary purpose unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subsection (f) of this section.
     
  3. A student who is under 19 years of age shall be presumed to have the intent to make California the home for other than a temporary purpose if both the student and his parent have maintained a home in California continuously for the last two years unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subsection (f) of this section.
     
  4. A student who does not meet the requirements of subsection (b) or subsection (c) of this section shall be required to provide evidence of intent to make California the home for other than a temporary purpose as specified in subsection (e) of this section
  5. Conduct inconsistent with a claim of California residence includes but is not limited to:

         1. Maintaining voter registration and voting in another state.

         2. Being the petitioner for a divorce in another state.

         3. Attending an out-of-state institution as a resident of that state.

         4. Declaring nonresidence for state income tax purposes.

Residence Change

A change of address should be reported immediately to the Enrollment Services Office.

Reclassification

Students who have been classified as non-residents are not automatically reclassified as residents. It is the responsibility of the student to request reclassification to residency status. The petition for reclassification to residency status MUST be submitted to the Enrollment Services Office no later than the first day of registration for the term in which the student is seeking reclassification. The petition MUST be accompanied by documentation verifying the student's intent to become a California resident, evidence of physical presence in California and/or evidence of financial independence. The law clearly states that the burden of proof of proving residence rests with the applicant or student.

  1. A student seeking reclassification as a resident, who was classified a nonresident in the preceding term, shall be determined to be financially independent or dependent.
     
  2. A student who has established financial independence may be classified as a resident if the student has demonstrated clearly physical presence and intent to be a California resident for one year prior to the residence determination date.
     
  3. In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence, and financial dependence shall weigh against finding California residence.
     
  4. Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of continuing residence in another state.

One-year Waiting Period

The one-year residence period that a student MUST meet to be classified as a resident does not begin to run until the student both is present in California and has manifested clear intent to become a California resident.

Exceptions to Residency Rule

Exceptions to the residence determination as set forth above will be applied to certain factual situations. If the student would otherwise be classified a non-resident, but fits within one of the following exceptions, he or she will be granted resident classification until he or she obtains such classification.

Examples of some exceptions are:

  1. A minor whose parents moved from California prior to the residence determination date will retain resident classification if he or she remains in California and continues full-time attendance at Mt. San Jacinto College.
     
  2. A student who is a minor and who has been self-supporting and in California for one year preceding the day before the term will be granted resident classification.
     
  3. A student who had not been an adult for more than one year prior to the resident determination date may add pre-18-years-of-age residence, if any, to post-18-years-of-age residence to obtain the durational requirement.
     
  4. A child or a spouse of a member of the armed forces stationed in California will be granted resident classification for one year only. A student who is a member of the armed forces not assigned to California for purposes of education will be entitled to resident classification.
     
  5. Adult aliens lawfully admitted for permanent residence and present for one year will be given resident classification. Minor aliens may use their parent's durational presence to satisfy the one-year requirement.
     
  6. A student holding a valid credential authorizing service in a public school and employed in a certificated position by a community college district will be given resident classification.
     
  7. Certain refugees may claim exception from non-resident tuition with documentation from the Immigration and Naturalization Service evidencing that the student is a refugee and establishing that he or she has been a California resident for one year.
     
  8. A student who is a full-time employee of a California school enrolling in courses necessary for credential qualifications will be given resident classification.