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III. RESIDENCE REGULATIONS FOR PURPOSES OF TUITION AND FEES
A. General Rule. To be classified a California resident for tuition purposes,
adult students, who are not precluded from establishing residence in the United States, must have established a primary and permanent domicile in California for at least 366 days and relinquished all ties to their past place(s) of residence.
Parent(s) of dependent students who claim California residence also must fulfill the physical presence and intent requirements. Students with out-of-state parent(s) must prove financial independence. (See Financial Independence, infra, section III.C.)
B. Elements of Residence. Residence can be established, or altered, only by the union of physical presence and intent. Physical presence alone is insufficient; intent alone is insufficient.
- Physical Presence
The act necessary to establish residence is physical presence in California. The adult student/parent(s) must be physically present in California on a continuous basis for at least 366 days. Residence may not be established in absentia and the prior residence must have been relinquished. The 366 days required to fulfill the physical presence requirement must be immediately prior to the residence determination date for the relevant term. If a student is absent from the state during the 366 days s/he is establishing residence, the absence will be carefully scrutinized to determine whether the physical presence requirement has been met. (See Absences from California, infra, section III.D.)
Physical presence in California solely for educational purposes does not constitute the establishment of California residence, regardless of length of stay.
Tacking is the process of adding one period of resident qualification to another to satisfy the required 366 days of physical presence. Specifically, tacking is utilized only for a student who has not been an adult for more than one year (366 days) immediately preceding the quarter for which s/he proposes to attend a post- secondary institution. S/he can have their immediate pre-majority-derived (pre- age 18) California residence added to their post-majority (post-age 17) residence to obtain the required 366 days of California residence for tuition purposes.