Required Documentation for Residence Determination
Burden (T5, 54026)
Burden (T5, 54026)
The burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence.
Physical Presence (T5, 54022)
(a) 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.
(b) A temporary absence for business, education or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.
(c) Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.
Required Documentation
Intent (T5, 54024)
(a) Intent to make California the home for other than a temporary purpose may be manifested in many ways. No one factor is controlling.
(b) A student who is 19 years of age or over, and who has maintained a home in California continuously for the last two years shall be presumed to have the intent to make California the home for other than a temporary purpose unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f).
(c) A student who is under 19 years of age shall be presumed to have the intent to make California the home for other than a temporary purpose if both the student and his or her parent have maintained a home in California continuously for the last two years unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f).
(d) A student who does not meet the requirements of subdivision (b) or subdivision (c) shall be required to provide evidence of intent to make California the home for other than a temporary purpose as specified in subdivision (e). See Required Documentation.