Exceptions to Residence Determination

• A student who is a member of the Armed Forces on active duty in this state shall be entitled to residency status.
• A student who is a natural or adopted child, stepchild or spouse and who is a dependent of a member of the armed forces of the United States stationed in this state on active duty shall be entitled to resident status until the student has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. Should the member of the armed forces of the United States be there-after transferred on military orders directly to a place outside this State, where the member continues to serve in the armed forces of the United States, the student shall not lose the resident status until he/she has resided in the state the minimum time necessary to become a resident, as long as continuous attendance is maintained at an institution. (Education Code § 68074(a), (b)(1)-(2))
• A student who is an adult alien will be entitled to resident status if lawfully admitted to the United States for permanent residence in accordance with all applicable laws of the United States, provided that he/she has had residence in the state for more than one year after such admission, prior to the residence determination date for the term for which he/she proposed to attend an institution.
• A student who is a minor alien will be entitled to resident status if both he/she and his/her parents have been lawfully admitted to the United States for permanent residence in accordance with all applicable laws of the United States, provided the parent has had residence in the state for more than one year after such admission, prior to the residence determination date for the term for which he/she proposes to attend an institution.
• A student who is an apprentice, (as defined in Section 3077 of the Labor Code), will be entitled to resident status for school attendance.
• A student holding a valid credential authorizing service in a public school and employed in a certificated full-time position by a community college district will be given resident status. (Education Code § 68078)
• A student who is a full-time employee of an institution or of any state agency, or a student who is a child or spouse of a full-time employee of an institution or of any state agency, may be entitled to resident classification, as determined by the governing boards, until he or she has resided in the state the minimum time necessary to become a resident. (Education Code § 68079). For the purposes of this section, “employee of any state agency” means a person employed by the state on or after the effective date of this section, who is assigned to work outside of the state. For the purposes of this section, “institution” means any university or college of the California State University and Colleges, the University of California, or any California Community College. (Education Code § 68011)
• A student who (a) has not been an adult resident of California for more than one year and (b) is either the dependent child of a California resident who has had residence in California for more than one year prior to the residence determination date, or has a parent who has both contributed court-ordered support for the student on a continuous basis and has been a California resident for a minimum of one year, shall be entitled to resident classification. This exception shall continue until the student has resided in the state the minimum time necessary to become a resident, so long as continuous attendance is maintained at an institution. (Education Code § 68076)

Nonresident Tuition Fee Exemption to Eligible Special Immigrant Visa (SIV) Holders:

Education Code § 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.

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