Residency Notes¶

Detailed edge cases and special scenarios for residency determination.

Reference documents:

ScribeHow Guide¶

How to process the Residency Form (ScribeHow)

Quick Reference Cheat Sheet¶

Core Rules¶

✅ Residency can be updated only for the current term.
❌ No retroactive reclassification for a completed term.
✅ Backdating is allowed only if the term has not ended.
⛔ No non-resident tuition refunds after first census (AR 5015).

Timing & Backdating¶

Residency date = one day before term start (e.g., term starts 6/16/25 → enter 6/15/25).

Can Reclassify	Cannot Reclassify
Term is still in progress	Term has ended AND no petition was submitted during that term
Petition was submitted before the term ended

Transitional Exception: Applications from 2024SU–2025 may be processed within one year. Starting with 2026 applications, residency must be fixed within the term.

Proof Requirements¶

2 proofs required, both dated ≥ one year + one day before term start.
If deriving from parent/guardian: 2 proofs from parent/guardian; one must be a CA 540 listing student as dependent.

Common proofs: CA Driver License (issue date), lease/rental agreement, CA voter registration (check voting history dates), CA professional license (DCA search).

Tip

If documentation is incomplete, do not deny immediately — review for alternatives first.

Who Is Eligible¶

Eligible	Not Eligible
U.S. Citizen	F-1 students
Permanent Resident (incl. conditional)	Undocumented students
PR applicants (I-485)	B visa students
Asylees / asylum applicants	TD/TN visa holders (unless taking steps toward PR)
Refugees / refugee applicants
Temporary Protected Status (TPS)
DACA (C33 only)

Residency Questionnaire¶

First-time applicant → NOT required.
Returning student → REQUIRED.
Students may submit 2 from Group A or 2 from Group B.

Colleague System Steps¶

ASUM¶

Academic Program → Res Stat: R — California Resident

ASPR¶

Insert R — California Resident
Date = one day before term start
Ensure Resident status appears on top

Comments (UTEC)¶

Include: Timestamp · "California Residency" · Documents reviewed

Final Checklist¶

✅ Save & update records / Save all changes
📞 Call Cashier's Office for rebill (provide Student ID and term)
✅ Verify form is signed & complete

Edge Cases¶

AB 540 — Student Forgot to Turn In Form¶

Have them fill out the AB 540 form and backdate to the beginning of that term.
AB 540 only needs to be submitted once. If previously AB 540, broke enrollment, and submitted new application as Non-Resident, we can backdate their AB 540 status to the beginning of the new term.

AB 540 — Switching to CA Resident¶

If US Citizen: only need naturalization paperwork (for continuing students) and a new application.

AB 540 — Homeschooled¶

Put "homeschooled" in high school information area and ask for high school diploma.

AB 540 — Lists CEC¶

AB 540 is an affidavit — if they attest it is true, process it. Only ask for verification if there is conflicting information between ASUM and the form (per Pilar).

AB 540 — Not Living in CA¶

Danger

Students must be living in CA to qualify. Long-distance learners residing out of state do not qualify per Chancellor's Office (CCCCO Residency Overview, 2025).

Active Military¶

If stationed in CA: use orders to change status to E or EB. No minimum duration required (per Residency Overview).
- If home of record is also CA: can make them a CA Resident.
Dependents: Spouse/child of active-duty member stationed in CA qualifies for resident classification with no limit on duration. Orders must be ≥ 1 year + 1 day before term start. Only need DEERS card (no copy) and stationed-in-CA orders.
If stationed outside CA: provide documentation (MOL or military record) that home of record is CA → update to R. If home of record is a state we can't serve, they cannot take courses with us.

Automatic CA Residency (by Ed Code)¶

Category	Ed Code
Nonresident minor whose parent left California	ECS 68070
Self-Supporting Student	ECS 68071
Under 2-year care/control of a CA-resident adult	ECS 68073
Adult dependent child of CA resident	ECS 68076
Graduate of Bureau of Indian Affairs school	ECS 68077
Employees of public schools	ECS 68078
State government fellowship student (state/CSU)	ECS 68081
Native American at Bureau of Indian Affairs school in district	ECS 68082
Team USA student athlete training in state	ECS 68083

B Students¶

Danger

B visa students are not allowed to take classes with us.

C Students (Asylum)¶

C08 = asylum applicants.
Before 1 year since CA arrival: exempt from non-resident tuition.
After 1 year: must show receipt received dates ≥ 1 year + 1 day before semester start, plus 2 proofs of CA Residency.

CER (Continuing Education Residents)¶

Check ASUM for the semester applied — if Resident, update on ASPR. No comments needed.
Update home location.
If Financial Aid sends an AIDE error: check dates on ASPR — insert a new R/N line more recent than the CER status if needed.

Criminal Justice Academies Students¶

Per Ed Code §76140: a community college may classify a nonresident student hired by a public agency as a resident while enrolled in a police academy training course.

DACA¶

EAD must be Category C33.
Must meet the one year + one day requirement or have a Notice of Action receipt that meets it.
No residency questionnaire required — just proofs.

Employment Authorization¶

If issue date is sufficient: eligible for CA Resident status (EAs are only issued to PR or Asylum applicants per Residency Overview 2023).
If not old enough: ask for Notice of Action for the employment authorization.

F1 Students Changing to CA Residency¶

Required: Application for PR or USC status + PR card or Passport + intent to stay in CA + 2 proofs of 1 year + 1 day CA residency.

Fill out a new application (no reclass form needed).
Send to International Students to sign off.
Update ASUM, BIO, ASPR.
Call Cashier's for rebill if needed.

Blended Staff/Student

Send to Job Placement to update demographics from F-1 to Permanent Resident first, then return to process reclass.

Danger

F1 and B1 students do NOT qualify for AB 540.

Note: PR/USC application starts the clock from application date. F1 status does not need to be expired. Does not have to be approved (CACCRAO 4/29/25). Changing F1 → H1: H1 must be approved (Residency Overview p.11).

Financial Aid¶

CA Residents qualify for more aid than AB 540 students. AB 540 US citizens still receive Pell Grants and fee waivers.
If Financial Aid asks to update the Student Type date: do not update. They likely mean the residency status date — check ASPR.

Foster Youth¶

Will be flagged as non-residents. If everything else checks out, change to CA Resident and note: student is foster youth / guardian is other than parent.
Refer to Guardian Scholars: (714) 564-6302.

H1 Students¶

Need H1 visa info showing ≥ 1 year + 1 day issue date and 2 proofs of CA residency.

H4 Students¶

Need spouse's/parent's H1 visa + H4 visa + student's 2 proofs of CA residency.

High School Students¶

STPE → correct semester → Overload Petition Status → NONRE Non-Resident Waiver → Save and Update → Rebill.

If Student Is Already CA Resident but Changing Citizenship Status¶

(e.g., PR or DACA → US Citizen) - No new proof of residency needed. Just new citizenship documentation and a new application. - US Citizenship Naturalization supersedes all dates — expired PR card doesn't matter once naturalized.

Incoming Freshmen¶

If they marked something wrong: provide high school transcripts showing they've been in CA for at least the past year.

K1 Visa¶

As long as issue date is ≥ 1 year + 1 day, can be used as citizenship status.

Out of Country School¶

May use student visa in passport to prove they were abroad specifically to study. Cannot establish residency in another country on a student visa.

Out of State School¶

Use billing statement showing out-of-state tuition as one proof. Does not work for private colleges.
For private or online schools: just need CA ID ≥ 1 year + 1 day and other proof.

Out of State Taxes¶

If student filed taxes out of state in past 2 years: need their most recent CA 540. Use CA ID ≥ 1 year + 1 day + CA 540.

Permanent Residents¶

Can use US birth certificate, naturalization papers, or passport for citizenship.
I-797 (Notice of Action) received date can be used to backdate presence.
Application for extension or renewal can be used — does not have to be approved.
If applying for US Citizenship: ask for N-400 if PR Card is expired (shows 24-month extension).

R1/R2 Visas¶

OK to establish CA Residency (per Pilar).

Refugees¶

Immediate exemption from non-resident tuition within first year (Ed Code 68075.6, effective Jan 1, 2018).
After first year: must provide 2 proofs of CA residency.

State of Last High School Not CA and Student Is Under 19¶

Contract with district + high school transcripts required.

Student Error¶

Filed taxes outside CA for a recent year → must provide evidence they filed in CA.
Put wrong country → fix it and make notes in ASPR.

Two Years Care and Control Proof for Guardian Required¶

Can change residency back and make notes in ASPR (per Pilar), as long as everything else checks out.
Make sure the student is a US Citizen.

Unable to Establish CA Residency¶

TD/TN visa holders: ineligible unless taking steps toward PR or out-of-status (expired visa).
Financially dependent on out-of-state/out-of-country parents (more than $750/year).

Unhoused Youth¶

Homeless youth under 25 will be flagged as non-residents. Ask for usual documentation; note "student is homeless youth under 25" in ASPR. Leave permanent address blank.
Homeless students: ask for CA ID or license + one form of documentation.
See if they qualify for AB 540 as well.
Refer to Robert Manson: (714) 564-6247.

Unhoused Students¶

Accept a letter from their shelter as one proof of residency.

Veterans¶

DD-214 shows separation within last 3 years → mark as Exempt (E in ASPR).
Valid CA Driver License + home of record is CA on DD-214 → mark as Resident (per Pilar).
Stationed in CA > 1 year immediately before discharge → exempt from non-resident tuition for up to 1 year if affidavit of intent to establish CA residency is filed. Must be used within 2 years of discharge.
If VRC sends signed VACA form → update ASPR to VACA (per Pilar).

Voted Outside of CA¶

Does not need voter registration to disprove.
Ask for regular 2 residency documents and update (per Pilar).

General Additional Notes¶

If student mentions B visa: need proof they are out of status (B visa = vacation visa, no school allowed).
If we have the student's approval notice, the physical green card is not required.
Port of entry documentation: if we can connect the dots they've been in CA and the date of establishing CA residency is within ~6 months of entry, they may have a case.
If flagged for taxes or claimed by out-of-state parents: need CA 540 as financial evidence.
If approved for a previous semester but marked non-resident on a new application: can use previous semester's documents.
Always need a new application if changing residency or status for older semesters (not required for the current semester).
Always need a reclass form unless it is the student's first semester with us.
Only need one reclass/AB 540/application if processing for multiple consecutive semesters — e.g., processing Fall 2019 also covers Spring 2020.
If flagged as Non-Resident for an SCC application: send to SCC to fix it — we don't have access to their application.
Students only need to provide documentation for the specific semester — just update on ASPR.