San Joaquin Delta College

Residency Determination

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Residency Determination

Legal Requirement - California state law requires that each student enrolled in or applying for admission to a California community college provide such information and evidence as deemed necessary bycdhe Governing Board to determine his/her residence classification. Residency classifications are:

1. A legal resident of California.
2. A non-resident student who pays the out-of-state fees.
3. An international student who has complied with special admission procedures.

Rules on Residency - Adults 19 Years of Age and Older-A student 19 years of age or older may establish California residency if he/she meets the following criteria:

Burden - The burden is on the student to demonstrate clearly both physical presence in California and intent to estab lish California residence.

Intent -

1. Intent to make California the permanent home may be manifested in many ways.
2. Objective manifestations of intent to establish California residency include but are not limited to:
a. Owning residential property or continuous occupancy
of rented or leased property in California.
b. Registering to vote and voting in California.
c. Licensing from California for professional practice.
e. Active membership in service or social clubs.
f. Showing California as home address on federal income
tax form.
g. Payment of California state income tax as a resident.
h. Possessing California motor vehicle license plates.
i. Possessing a California driver's license.
j. Maintaining permanent military address or home of
record in California while in the armed forces.
k. Establishing and maintaining active California bank accounts.
l. Being the petitioner for a divorce in California.

One-Year Waiting Period - The one-year residence period which a student must meet to be classified as a resident does not begin until the student is both present in California and has manifested clear intent to become a California resident.

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. Physical presence within the state solely for educational purposes does not constitute establishment of California residence regardless of the length of that presence.

Residence - In order to establish a residence, it is necessary that there be a union of act and intent. 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.

Residence Determination Date - "Residence determination date" is the day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the District Governing Board during which the student proposes to attend college.

San Joaquin Delta College