Establishing California Residency For Fee Purposes

Contents:

  • Online Statement of Legal Residence (SLR)
    Complete your online Statement of Legal Residence by clicking on the link above. This form must be completed by all students (undergraduate and graduate) who are attending UCSB for the first time, returning to UCSB after a break in enrollment, or continuing UCSB students who whish to be considered for a change of classification from nonresident to California resident for a future term.

  • Deadlines: A Statement of Legal Residence must be submitted by new undergraduate students no later than their SIR deadline as determined by the undergraduate admission office: May 1 for new freshman entering fall quarter, and June 1 for new fall transfer students. New graduate students should follow deadlines determined by the Graduate Division or individual academic departments.

  • Instructions for continuing students seeking reclassification as California residents

    Continuing students (undergraduate and graduate) who are classified as nonresidents for tuition purposes and wish to be classified as California residents for a future term, must complete their SLR following the fourth week of the quarter immediately prior to the term for which classification as a resident is requested, and before the end of the quarter for which a change in classification is desired. Example: continuing nonresident students seeking a change of classification for fall quarter may file a new SLR following the fourth week of the previous spring quarter through the last day of the fall term.

    Estimated processing time for continuing students seeking reclassification is 30 days. Although students seeking reclassification may continue to file their SLR until the end of the term for which classification as a resident is requested, it is highly recommended that students submit their SLR no later than the end of the term immediately prior to the term for which classification as a resident is requested. This will assure that a final decision is made prior to fee payment deadlines and financial aid disbursements. Students who do not file at least 30 days in advance of their fee payment deadline will experience a significant processing delay (well beyond 30 days) that may delay financial aid disbursement and incur late payment fees. Students are responsible for on-time payment of  all fees while a reclassification decision is pending. Students are encouraged to contact the BARC office regarding fee deferrals and other payment options well in advance of their fee payment deadline. Under no circumstances will documentation related to residency be accepted at the Santa Barbara campus beyond the end of the term for which classification as a resident is requested.  

    Following submission of their SLR, students should monitor Gold at https://my.sa.ucsb.edu/gold/login.aspx  (under Registration Information) for an update in their residence classification. Students who qualify for a resident classification will find their BARC accounts updated two working days after their classification is updated on Gold. Students  who do not qualify for a resident classification under University policy will be notified by postal mail and given instructions to appeal.

  • Overview of University of California Residence Requirements
  • Establishing Residency
  • Exceptions to General Residence Regulations
  • Reduced Nonresident Tuition for Doctoral Candidates
  • Rules Applying to Minors
  • Incorrect Classification
  • Temporary Absences
  • Inquiries and Appeals

    • Please note: This summation is not a complete explanation of the laws regarding residence. Applicable sections of the Education Code and the regulations adopted by The Regents of the University of California are available for inspection at the Office of the Registrar. Please note that changes may be made in the residence requirements between the publication date of this statement and the relevant determination date. Non-citizen students should consult the campus Residence Deputy for information regarding special criteria in determining residence eligibility.

    Determining Residence Classification for Tuition Purposes

    The Residence Deputy in the UCSB Office of the Registrar determines the residency of each student after the student has been accepted for admission. The decision is based on the review of the student’s Statement of Legal Residence (SLR) to be completed online after the student submits his/her Student Intent to Register (SIR). Should additional information be needed following an initial review of the SLR, the Residence Deputy will contact the student by mail with specific instructions.

    University requirements for establishing residency are independent from those of other types of residency, such as for tax purposes, or other state or institutional residency. A resident for tuition purposes is someone who meets the requirements set forth in the University of California Board of Regents Policy Relating to Residence.

    Establishing Residency

    Adult students (at least 18 years of age) may establish (begin the 366 day durational requirement (physical presence coupled with intent)) residency for fee purposes in California if they are a U.S. citizen, permanent resident or other immigrant, or a nonimmigrant who is not precluded from establishing a domicile in the U.S. This includes nonimmigrants who hold valid visas of the following types: A, E, G, H1, H4, I, K, L, N, NATO, O1, O3, R, V, or TPS. Adult students cannot derive residence from a spouse or parents.

    In order to be classified as a resident for tuition purposes, a student must demonstrate the following immediately prior to the residence determination date (for the eight UC campuses on the quarter system, the day instruction begins at the last of the campuses to open for the term. For Berkeley and Merced, the day instruction begins at the last of these two campuses to open for the term):

    1. Physical Presence: Establish a physical presence in California more than one year (366 days) immediately prior to the residence determination date of the term for which classification as a resident is requested. Continuous physical presence is not mandatory, but a student who leaves California after establishing residence has the burden of demonstrating that he/she intended to remain a California resident, and that his/her principal place of residence has been in California. It is the burden of the student to clearly demonstrate retention of California residence during periods of absence from the state.

    2. Intent: Demonstrate through objective documentation that your physical presence was coupled with the intent to make California your permanent home. Intent is evaluated as an independent element of residence, separate from physical presence, and is demonstrated by establishing residential ties in California, and relinquishing ties to the former place of residence. Physical presence within California solely for educational purposes does not constitute the establishment of California residence regardless of the length of stay. The physical presence requirement (above) will be extended until the student can demonstrate a concurrence of both physical presence and intent for one full year.

    3. Financial Independence: Students who will not reach age 24 by December 31 of the year in which classification as a resident is requested, and who are not dependent upon a natural or adoptive parent who satisfies University requirements as a resident for tuition purposes,will be required to satisfy the University’s self-sufficiency requirement in addition to the 366 day physical presence and intent requirements. It should be noted that this requirement makes it extremely difficult for most undergraduates who do not have a parent domiciled in California to qualify for classification as a resident at a University of California campus.

    Exceptions to General Residence Regulations
    Students for whom the following conditions apply may be eligible for an exemption or waiver from the Nonresident Fee.

    1. U.S. Military Members, their spouses, registered domestic partners, and dependent children. The Higher Education Opportunity Act of 2008* provides that any student (undergraduate, graduate, or professional) who is a Member of the Armed Forces of the United States on active duty for a period of more than 30 days [1] and whose domicile or permanent duty station [2] is in California, or the spouse, registered domestic partner, or dependent child of such a Member, is entitled to an exemption from nonresident tuition. Following a subsequent change in the Member’s permanent duty station to a location outside California, the Member’s spouse, domestic partner, or dependent child who remains continuously enrolled at the University will continue to receive the exemption.  

      [1] Federal law grants eligibility to a Member of the Armed Forces who “is” on active duty for 30 days. This is interpreted to mean that as of the RDD of the term for which the student (i.e., Member, spouse, domestic partner, or dependent child) seeks to qualify for an exemption, the Member must be on active duty status, but if the Member has been on active duty for less than 30 days, he or she can satisfy the 30-day requirement if there is adequate proof that the status will continue for at least 30 days.

      [2] Federal law provides that “domicile or permanent duty station” may be in California. Since “domicile” does not refer to station status, but appears to mean the location where the Member currently lives (even if only temporarily), a temporary assignment to California should not preclude eligibility for an exemption.

      *Because eligibility requirements may be easier to meet under federal law than state law, the Residence Deputy will make a determination of eligibility under both federal and state law and assign the benefit that is more advantageous to the student. Click here for more information regarding state law.

    2. Child, Spouse, or registered domestic partner of a Faculty Member. To the extent that funds are available, a student who is the unmarried, dependent child under the age of 21 or the spouse, or registered domestic partner of a University of California faculty member who is a voting member of the Academic Senate.
    3. University Employee or Dependent Child, Spouse, or Registered Domestic Partner of a University Employee. You may be entitled to resident classification if you are a full-time University employee who is assigned to work outside the state of California or if you are the unmarried dependent child, spouse or registered domestic partner of a full time University employee who is assigned to work outside of the state of California. A review will be conducted each term to verify continuation of the applicable status.
    4. Child, Spouse, or Registered Domestic Partner of a Deceased Public Law Enforcement or Fire Suppression Employee. A student who is the child, stepchild, or registered domestic partner of a deceased public law enforcement or fire suppression employee, who was a California resident and was killed in the course of law enforcement or fire suppression duties.
    5. Dependent Child of a California Resident. A student who has not been an adult resident of California for more than one year, and is the natural or adopted, dependent child of a California resident who has been a resident for more than one year immediately prior to the residence determination date. The student must also maintain continuous full-time attendance in a California public post-secondary institution. Click here for more information.
    6. Graduate of a California School Operated by the Federal Bureau of Indian Affairs (B. I. A.). A student who is a graduate of a California school operated by the B. I. A. (e.g., Sherman Indian High School) and who enrolls at the University of California.
    7. Student Athlete. Any amateur athlete in training at the U. S. Olympic Training Center in Chula Vista, California is entitled to resident classification until he/she has resided in the state the minimum time necessary (366 days) to become a resident.
    8. UC Nonresident Tuition Exemption for eligible California High School graduates (AB 540). Students enrolled or in the process of enrolling at a University of California campus after January 1, 2002, who attended a high school in California for three or more years, and who graduated from a California high school (or attained the equivalent), may qualify for an exemption from the nonresident tuition. Undergraduate, graduate, and professional students are eligible to apply for this exemption. Click here for more information.AB540
    9. Surviving Dependents of California Residents killed in the September 11, 2001 terrorist attacks.
    10. Recipients of Congressional Medal of Honor and their children under age 27.

    Reduced Nonresident Tuition for Doctoral Candidates

    Effective Fall 2006, the quarterly nonresident tuition fee is reduced by 100% for graduate doctoral students who have advanced to candidacy. Eligibility for the reduced nonresident tuition is measured in calendar years, and begins with the first academic quarter following advancement to candidacy. Leave of absence and unregistered quarters will not extend a student's eligibility. A student who continues to be enrolled or who re-enrolls three calendar years after advancing to candidacy will be charged the full nonresident rate in effect at the time.

    General Rule Applying to Minors
    The residence of the parent with whom an unmarried/unpartnered minor (under the age of 18) lives is the residence of the unmarried/unpartnered minor. When the minor does not live with either parent, the residence of the minor is that of the parent with whom the minor last lived. An unmarried/unpartnered minor may establish his or her own residence when both parents are deceased and a legal guardian has not been appointed, unless the minor is a non-citizen who is precluded by the Immigration and Nationality Act from establishing a domicile in the United States. The residence of an unmarried/unpartnered minor who has a parent living cannot be changed by the minor's own act, by the appointment of a legal guardian, or by the relinquishment of a parent's right of control.

    Specific Rules Applying to Minors.

    1. Parent of Minor Moves from California. If the California resident parent(s) of an eligible minor moves from California, the minor will be entitled to resident classification as long as the minor enrolls full-time in a California public post-secondary institution within one calendar year of the parent's departure, and remains physically present in California. This classification will continue until the minor has attained the age of majority and has resided in California for the minimum time required to become a resident. The financial independence requirement does not apply in this case.

    2. Self-Supporting Minor. Minor students who are U.S. citizens or eligible non-citizens may be eligible for resident classification if documentation of physical presence, intent to be a California resident, and self-support through the student's own employment or credit is provided for the entire calendar year prior to the residence determination date.

    3. Two-Year Care and Control. Minor students who are U.S. citizens or eligible non-citizens may be eligible for resident classification if they have lived with and been under the continuous care and control of an adult or series of adults other than a parent for not less than two years (Note: "two years" is not defined as tax or calendar years under this provision). The adult or series of adults must have been responsible for care and control for the entire two-year period, and must qualify as California residents one year immediately prior to the residence determination date. Click here for more complete information.

    Incorrect Classification
    Any student found to be incorrectly classified as a resident is subject to nonresident classification and to payment of all unpaid nonresident fees. If a student has concealed information or furnished false information, and was classified incorrectly as a result, the student is also subject to University discipline. Resident students who become nonresidents of California must notify the UCSB Residence Deputy immediately.

    Temporary Absences. Click here for complete information.
    If a nonresident student is in the process of establishing a residence for fee purposes and returns to his or her former home during noninstructional periods, his or her presence in California will be presumed to be solely for educational purposes, and only convincing evidence to the contrary will rebut this presumption. Students who are in the state of California solely for educational purposes will not be classified as residents for fee purposes regardless of their length of stay.

    Inquiries and Appeals
    Inquiries regarding residence requirements, determination, and/or recognized exemptions should be directed to either

    Residence Deputy, Office of the Registrar
    Student Affairs and Administrative Services Building, Room 1105
    University of California, Santa Barbara
    Santa Barbara, CA 93106-2015
    (805) 893-3033
    regresid@sa.ucsb.edu

    No other University personnel are authorized to supply information relative to residence requirements for fee purposes. Any student who believes that an incorrect residence classification has been made by the campus Residence Deputy may appeal in writing to the Principal Legal Analyst-Residence Matters within 30 days of notification of the campus Residence Deputy's final decision. Students will have only one opportunity to appeal the decision made at the campus level. Students are responsible for submitting all relevant information/documentation in support of their in-state residency request to the campus Residence Deputy. Information/documentation requested by the campus Residence Deputy that is not made available by the student prior to the Residence Deputy's final decision will generally not be considered or reviewed on appeal.
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