RESIDENCY EVALUATION

California Residency

The laws of California provide that every student at the California State University must be classified as either a resident or nonresident for tuition purposes. Students have the ultimate burden of proving their residence classification. Below is a brief outline of general rules students must follow for claiming California Residency.
Generally, establishing California residence for tuition purposes requires a combination of physical presence and intent to remain indefinitely. An adult who, at least one full year prior to the residence determination date for the term in which enrollment is contemplated, can demonstrate both physical presence in the state combined with evidence of intent to remain in California indefinitely may be able to establish California residence for tuition purposes. A minor normally derives residence from the parent(s) with whom the minor resides or most recently resided.

Evidence demonstrating intent may vary from case to case. Evidence will include, but is not limited to, the absence of residential ties to any other state, California voter registration and voting in California elections, maintaining California vehicle registration and driver’s license, maintaining active California bank accounts, filing California income tax returns and listing a California address on federal tax returns, owning residential property or leasing an apartment where permanent belongings are kept, maintaining active memberships in California professional or social organizations, and maintaining a permanent military address and home of record in California.

Adult noncitizens establish residence in the same manner as citizens, unless precluded by the Immigration and Nationality Act from establishing domicile in the United States. Unmarried minor noncitizens derive their residence in the same manner as unmarried minor citizens except that both parent and minor must have an immigration status consistent with establishing domicile in the United States.


Residence Determination Dates

At San JoséStateUniversity, the residence determination dates are:

Fall - September 20
Spring - January 25
Summer - June 1

Fall Admissions- Students must establish California residency and maintain that residency by no later than September 20th of the prior year in order to qualify for resident tuition.

Spring Admissions- Students must establish California residency and maintain that residency by no later than January 25th of the prior year in order to qualify for resident tuition.

All students must be in a valid immigration status one year prior to the residence determination date and maintain that valid immigration status the entire year preceding the determination date as well before they are able to be considered for California residency.

If a student has not been in a valid immigration status one year prior and for the entire year, they cannot be considered California residents regardless of the length of time spent in the state of California.

Note: International Students (F1 or J1 Visa Holders) are not eligible for California residency and will be charged non-resident tuition.


SJSU Admission Applicants

Steps to take if you would like to have your residency status re-evaluated: If residency cannot be determined from the initial admission application (the data or documents that are initially supplied) the applicant may be asked to follow this procedure. Do not follow this procedure unless instructed in your To Do List on My SJSU after you have applied.

  1.  Completely fill out the Residence Questionnaire(PDF).
  2.  All applicants that are not US Citizens must provide the following: 
    • Permanent Residents or Applicants for Permanent Resident status should supply a copy of the following: I-485 Notice of Action, or the I-551 temporary passport stamp and the Permanent Resident card if already received it.
    • Refugees, Asylees or Applicants for Asylum should supply a copy of the following: I-589 Notice of Action or the notice of being granted asylum (such as passport stamp) if already received.
    •  Applicants for Temporary Protected Status or those granted Temporary Protected Status should supply a copy of their Notice of Action indicating application or approval for this status.
    • The following statuses are eligible to claim CA residency: A-1, A-2, A-3, E-1, and E-2. G-1, G-2, G-3, G-4, G-5, H-1, H-4 (only if dependent on H-1), I, K-1, K-2, K-3, K-4, L-1, L-2, N-1, N-2, O-1, O-3 (only if dependant on O-1), R, S, T, U, V.
  3. Provide a clear copy of documents that support your claim for residency. You may attach as many documents as you feel are necessary in order to have your residency status evaluated. Be aware that you may be asked to furnish additional documentation should you not submit any or insufficient documentation.   There is no set amount of how many documents you need to submit as amounts can vary case to case.   Be sure to include copies of supporting documents that are listed in the FAQ section “How do I qualify for California resident status? How is intent to remain in CA evaluated?”

SJSU Continuing Students

Steps to take if you would like to have your residency status re-evaluated if you have completed at least one semester as a matriculated student:Completely fill out the Residence Reclassification Request form(pdf). Follow guidelines for #2 and #3 as listed above.

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