California Law and Residency
Because Cuyamaca College is
a state supported institution it must follow California laws pertaining to
residency classification, in addition to many other regulations, for all
students at California Community Colleges. All students must be
classified as either “resident” or “nonresident” for tuition purposes.
Students who are applying for admission, or currently enrolled students
requesting residency reclassification, are required to provide
supplemental information and supporting documentation or evidence to
determine his or her residence classification.
When
Additional Documentation is Needed
Many
times the Application for Admission does not provide enough information to
make a residency determination and additional information and/or documents
are needed before a determination can be made. In this case, a
Supplemental Residence Questionnaire
must be
completed. If additional documents are needed, the student will be notified.
All requested documents should be submitted to the Residency
Specialist in the Admissions and Records Office.
Factors
Two factors are considered together when determining residency classification.
To obtain “resident” status for a term, students must have:
1. Lived in California for at least one year (physical presence)
AND
2.
Taken
action to make California their legal residence for at least one year
prior to the start of the term
(intent to reside).
In other words, the student needs to provide proof of BOTH physical
presence AND intent to reside, to be considered a resident for
tuition purposes. Physical
presence must have been maintained for at least one continuous year prior
to the start of the term and intent to reside must have been established a
minimum of one year prior to the start of the term for which the student
is planning to enroll.
Providing Documentation
Residency
determination is a complex process that is governed by many rules and
policies. Often several types
of documents are needed before a determination can be made.
No single document is decisive.
Citizenship Status
Students who are eligible to establish residency include U.S. Citizens, permanent
residents, lawful temporary residents, amnesty residents, refugees and
asylum residents. Additionally,
the following nonimmigrant visa types:
A, E, G, H-1, H-4, I, K, L, O-1, O-3, R and V.
For anyone other than a U.S. Citizen, the one-year duration period
begins after the application for adjustment of status to one of these
classifications has been filed with the U.S.
Citizenship and Immigration Services (uscis.gov). This requirement is
in addition to the California residency requirements of physical
presence and intent to reside.
Military Personnel and Military Dependents
Military personnel, stationed on active duty in California,
and their dependents who are
“undergraduates” are exempt from paying nonresident
tuition and are classified as “residents” for fee purposes for the
duration of their enrollment at a California Community College.
Active military personnel and their dependents
who have received a bachelor's degree or higher are exempt
from paying nonresident tuition
for 1
year from the date of their arrival in California.
NOTE: Military personnel (and the dependents
of) assigned to California for educational purposes are NOT
eligible for this exemption.
Nonresidents: A
Military Tuition Waiver
form must
be completed and students must submit a copy of their
active duty or dependent ID card.
Note: Residents are also eligible for this exemption.
Residents who
have been stationed in California for more than one year: Military W-2
forms or Leave and Earnings Statements must be submitted showing
California as the state of legal residence (one dated more than
one
year prior to the semester and a current one).
A copy of the DD214 is additionally needed, if the military person
has been discharged.
Requesting Reclassification
Prior to the time of registration,
nonresident students who believe they qualify for California
resident status may apply for reclassification. The
reclassification forms are a
Financial Independence Information
form and a
Supplemental Residence Questionnaire.
Documents will be required to demonstrate residence as outlined in
this text. Colleges are
additionally required to consider financial independence when
reclassifying a student, who was a nonresident in a previous term,
to resident status. Financial independence during the
current year and preceding two years will be considered.
Additional
Information
This text is a summary of residency
information and is by no means complete. Also, changes may
have been made in the statutes and regulations between the time
this text was published and the beginning of the term of
attendance. There are some additional exceptions, not mentioned,
that exist which apply to specific circumstances. Forms are
available on line at
www.gcccd.net/formsdepot/student
and in the Admissions and Records Office. For more residency
information, please refer to the
Cuyamaca College Catalog or
contact the Residency Specialist in the Admissions and Records
Office at (619) 660-4229.
Nonresident Tuition
A person classified
as a nonresident will be required to pay
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