Residency

To qualify for California residency for tuition purposes, students must demonstrate both physical presence in California and intent to make the state their permanent home. Acceptable documentation includes proof of physical presence and objective evidence of intent. (5 CCR 54020) 

Students must also show that they are not residents of any other state. Examples of evidence that support California residency include:  

• A California driver’s license or identification card 
• Filing California state taxes as a resident 
• Registering to vote in California 
• Listing a California address on federal income tax forms 
• Establishing and maintaining active California bank accounts 

These residency requirements are outlined in 5 CCR 54024.

To be classified as a resident, a student must have lived in California for at least one year after the residency determination date, which is the day before the first day of instruction (5 CCR 54002). Residency classifications are determined during the admission process. 

Students over the age of 19 who have lived outside of California in the past two years or have engaged in activities inconsistent with making California their permanent home may need to provide additional proof of intent to reside in the state. 

For students under the age of 19, residency is based on their parents’ residency status.

California Resident 

A student who has been physically present in California for more than one year immediately before the start of the semester in which they seek enrollment and has demonstrated intent to make California their permanent home for reasons beyond attending college. 

Nonresident 

A student who has not been physically present in California for more than one year or has not demonstrated intent to make the state their permanent home before the start of the semester in which they seek enrollment. 

Note: Physical presence in California solely for educational purposes (e.g., moving to the state to attend Cypress College) does not establish residency, regardless of how long the student has lived in the state. 

The residency reclassification process is for students who: 

• Are currently enrolled beyond the first day of the semester, and/or 
• Have completed coursework at Cypress College as a nonresident and wish to be reclassified as a California resident. 

Important: 
Nonresident students do not automatically become residents after one year of living in California. To reclassify, students must complete and submit a Residency Reclassification Form.  

Step 1: Demonstrate Physical Presence  

Students must prove continuous physical presence in California for at least one year before the start of the term in which they are applying for reclassification. This period begins only when the student is both: 

1. Physically present in California, and 
2. Demonstrating intent to make California their permanent home. 

Students must provide proof of continuous presence in California for the past 12 months. 

Step 2: Show Intent to Make California Your Permanent Home

Students must provide evidence that they intend to make California their permanent place of residence. Factors considered include: 

• Living in California for two consecutive years 
• Establishing and maintaining an active California bank account 
• Owning residential property or continuously occupying rented/leased property in California 
• Registering to vote in California 
• Possessing a California Driver’s License or Identification Card 
• Registering a vehicle in California 

For students from outside the US: Complete steps 1 & 2 with a valid visa type 

Students that are in the United States with immigration document(s) that allow establishment of residency, must fulfill the one-year physical presence and intent requirements listed above. Students with a visa that prevents establishment of residency will be charged the California enrollment fee plus non-resident fees. 

Students with visa type F-1, F-2 must apply and enroll in the International Students Center. 

Students with a valid visa and/or immigration document(s) must fulfill the one-year physical presence and intent requirements listed above. 

California Residency Date Range 

Students seeking to be reclassified as a California resident must obtain various documents that fall within a date-sensitive time period for that particular term. The documents must cover at least one day within the time period listed below for the term they are seeking to reclassification. 

Public Postsecondary Education: Exemption from Nonresident Tuition 

Any student who is not an immigrant or a citizen of the United States will be exempt from paying nonresident tuition at California community colleges, California state universities, and the universities of California, including those with a T or U visa status who meet the requirements of Section 68130.5 of the Education Code as long as they meet the requirements listed below.

Who qualifies? 

• A student who is undocumented or out of legal status 
• Students who are nonimmigrants and who are victims of trafficking, domestic violence, and other serious crimes who have been granted T or U visa status, under Title 8 of the United States Code, Sections 1101(a)(15)(T) or (U)  
• A U.S. citizen and/or permanent resident card holder who does not meet the California residency requirements

Requirements

To qualify, you must: 

• Have attended high school in California for three or more years, OR 
  Have attended a combination of California high school, California adult school, and/or California community college for the equivalent of three or more years of full-time attendance, OR 
  Have attained credits earned in California from a California high school equivalent to three or more years of full-time high school course work and attended a combination of elementary, middle/secondary, and/or high schools in California for a total of 3 or more years, OR 
  Have attained credits earned in California from a California community college equivalent to three or more years of full-time credit (or the part-time equivalent). This is equivalent to 72-semester units or 108 quarter units. 
  
• Have graduated from a California high school or attained the equivalent (i.e., GED or certificate of high school proficiency) before the start of the term, OR 
  Have attained an associate degree from a California community college, OR 
  Have completed the minimum requirements at a California community college for transfer to a California State University or University of California. 

• Have filed an affidavit with the college AB540 California Nonresident Tuition Exemption (which is available in the Admissions and Records – Forms website) stating that if the student is a non-citizen without a current valid immigration status, the student has filed an application to legalize their immigration status or will file an application as soon as they are eligible to do so. 
• Students living outside the state and enrolled in distance education are not eligible for the AB540 exemption. (This provision applies to students attending community college after January 1, 2002.) 

Causes of AB540 Ineligibility

A student with United States Citizenship and Immigration Services (USCIS) non-immigrant visa status is considered ineligible for these exemptions. If the student is a non-immigrant [for example, holding a F (student) visa, J or B (visitor) visa, etc.] they are not eligible for this exemption. As a nonresident student who meets the criteria above, they will be exempted from paying nonresident fees, but they will not be classified as California residents.

According to NOCCCD AP5030 and California Education Code Section 76140, students can apply to have nonresident tuition waived if they are taking no more than six units at Fullerton College and Cypress College combined. This waiver is not available for students attending on an F1 visa, and they must have a current California address to qualify. 

Eligibility Requirements

To be considered for a nonresident tuition fee waiver, students must complete the form and meet the criteria. 

• Students who meet the criteria for the nonresident tuition fee waiver (AB540) will not be charged non-resident tuition. 
• This form must be completed for each semester that the exemption is requested. 
• For students who are not currently eligible for the AB540 nonresident tuition exemption request but may be working toward eligibility for AB540 status. 
• Students with valid visas (including F1 visas) and/or active I-20s are not eligible for this waiver. 
• Units taken at Fullerton and Cypress College are included in the 6-unit total. 
• Students are responsible for paying all enrollment fees and other student fees. 

According to SB 141, if children of deported or voluntarily deported parents are US citizens but are students presently residing in a foreign country, they may be exempt from nonresident tuition.  

Eligibility Requirements

This bill requires the College to exempt nonresident tuition from a nonresident student who is a US citizen and who resides in a foreign country if that student meets all of the following requirements: 

• Has a parent or guardian who has been deported or was permitted to depart voluntarily under the federal Immigration and Nationality Act AND demonstrates a financial need for the exemption, 
• Moved abroad because of deportation or voluntary departure and lived in California immediately before moving abroad, 
• Attended a public or private secondary school in California for three or more years, 
• Upon enrollment, will be in his or her first academic year as a matriculated student in California public higher education, 
• Will be living in California and will file an affidavit with the College stating that he or she intends to establish residency in California as soon as possible, AND  
• Provided documentation as required by statute as specified in Education Code section 76140(a)(5). 

Get information about AB 2364. 

This bill (Section 76140 of the Education Code) allows nonresident students to pay resident fees. This exemption does not apply to students enrolled full-time (12 Units or more). This exemption is not intended for students who do not qualify for the AB540 nonresident tuition exemption, including students who reside outside of California and enroll via distance education and students on most nonimmigrant visas. 

Get more information about AB 1232.

Eligibility Requirements  

Cypress College may waive/remove non-resident tuition for students enrolling in ESL classes if the student meets the following requirements: 

• Students need to have recently settled in California and have lived in California for less than one year AND 
• Students who are recent immigrants OR recent refugees OR a person who has been granted asylum 

PLEASE NOTE: 

Students are responsible for paying in-state resident fees (currently $46 per unit) for English as a Second Language (ESL) classes. 

Please contact Admissions & Records at admissions@cypresscollege.edu or call (714) 484-7346 to see if you qualify.  

Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted for one year from the date the student settled in California upon entering the United States. 

Get information about AB 343. 

Eligibility Requirements

This exemption applies to the following: 

• Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq (Pub.L. No. 110-181, § 1244) 
• Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub.L. No. 109-163, § 1059) 
• Afghanistan nationals who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan (Pub.L. No. 111-8, § 602) 
• Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code 

(Ed. Code § 68075; Cal. Code Regs., tit. 5 § 54042) 

Members of the armed forces domiciled or stationed in California are eligible for resident classification for tuition purposes at community colleges. This classification extends for the duration of their attendance, even if they are transferred out of state for military service, if they remain continuously enrolled.

(Ed. Code § 68074; Cal. Code Regs., tit. 5 § 54041) 

Dependents of members of the armed forces stationed in California on active duty are eligible for resident classification for tuition purposes. This classification has no time limit; even if the military member is transferred out of state, the dependent can maintain resident status as long as they remain continuously enrolled at a California community college. 

(Ed. Code § 68075.5; Cal. Code Regs., tit. 5 § 54041) 

A student who served in the U.S. armed forces stationed in California for over a year before discharge can be exempted from paying nonresident tuition for up to one year if they declare intent to establish residency in California. This exemption must be utilized while residing in California and within two years of discharge. However, individuals with dishonorable or bad conduct discharges are ineligible for this exemption. 

A student who lives in California and uses education benefits under chapter 30, 31, or 33 is granted a waiver of non-resident tuition regardless of his/her formal state of residence. Under the provision of Isakson and Roe Veteran Health Care and Benefits Improvement Act of 2020, section 1005, the requirement for covered individuals to enroll in a course at a public institution of higher learning within three years of being discharged to receive in-state tuition is no longer required effective August 1, 2021. 

A covered individual is defined as: 

• A veteran, or 
• A spouse or dependent child using transferred benefits, or 
• A spouse or dependent child of a person whose active-duty transferor dies, on or after September. 11, 2001, in the line of duty, or 
• A spouse or dependent child using transferred benefits and the transferor is serving on active duty effective for courses, semesters, or terms beginning after July 1, 2017; 
• Students who initially qualify under the applicable requirements above maintain “covered individual” status if they remain continuously enrolled. 

The Veterans Resource Center (VRC) assists students in accessing their VA education benefits and ensures timely certification of those benefits. Additionally, the VRC offers support in locating veteran-related resources and provides academic support opportunities. For more information, please call the Veterans Resource Center at (714) 484-7150.

Yes. Two people who are married do not always have the same residence; each student’s residence must be independently determined. If the student came to California in the company of his/her spouse, who is in the military, transferred to this state, then the student is presumed to be a nonresident. 

Military personnel would remain a California resident if his/her “Leave and Earnings Statement” (LES) continues to indicate California as their residence, and the person has done nothing while out of state to relinquish residence in California. Members of the military who are stationed out of California are automatically exempt from payment of California state taxes for the time they are absent from the state if the military income is the sole income. If the military person had income from other sources, the person is subject to California taxes on all other income wherever earned.