California Residency

When students apply to any community college in California, Education Code Section 68040 and 68101 and Title 5 Section 54010 require a residency determination be made at the time of application for admission.

Once accepted for when a student has not been in attendance for more than one semester or quarter, their application is subject to residency determination.

Residency determinations are based on the student's answers to application questions and determine the tuition rate for their classes.

Guidelines for determining California residency for tuition purposes are set forth by California Education Code, Title 5, and the California Community College Chancellor's Office in the Student Attendance Accounting Manual.

A resident for tuition purposes is a student who:

• is not precluded from establishing residency,
• is financially independent,
• has been physically present in the state for at least one year as of the residence determination date,
• and has demonstrated an intent to make California a permanent home for at least one year as of the residence determination date.

Guidelines for determining California residency for tuition purposes are set forth by California Education Code, Title 5, and the California Community College Chancellor's Office in the Student Attendance Accounting Manual.

A nonresident for tuition purposes may include students who:

• do not have residence in the state for more than one year immediately preceding the residence determination date,
• have registered to vote in a state other than California,
• have petitioned for divorce in a state other than California,
• have attended an out-of-state educational institution as a resident of that state,
• have declared non-residence for California State income tax purposes,
• have been approved for admission as an International Student,
• are in the United States on a temporary visa/non-immigrant status,
• or alien students who are precluded by the Immigration and Nationality Act [8 U.S.C 1101, et seq.] from establishing domicile in the United States.

That day immediately preceding the opening day of instruction of the quarter, semester, or other session as set by the district governing board, during which the student proposes to attend a college.

• All documents provided for a Residency Reclassification Request must be at least one year old prior to the residence determination date.
  • This means that documentation must be at least one year and one day old prior to the first day of instruction in the term for which you are requesting a Residency Reclassification.
  • You can determine the residence determination date, by viewing the Instructional Calendar.

Students may submit a Residency Reclassification Request if they meet the qualifications for California residency for tuition purposes and have supporting documentation to show their physical presence in the state and their intent to make California their home for at least a year and a day prior to the residence determination date for the term in which they are applying.

The burden of proof to clearly demonstrate both physical presence in California and intent to establish residence lies with the student. The student is required to present evidence in accordance with the California Education Code 68040. The documents presented must be valid, readable, and dated to show continuous physical presence in California for one year and one day prior to the residence determination date for which reclassification is requested.

AB540

Assembly Bill 540 is an exemption from the payment of nonresident tuition if the student meets all of the following four requirements:   

• 1. The student must have:

     • attended a combination of California high school, adult school, and California Community College for the equivalent of three years or more² or

     • 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 and/or high schools in California for a total of three or more years,³ and

  2. The student must have:

     • graduated from a California high school or attained the equivalent prior to the start of the term (for example, passing the GED or California High School Proficiency exam), or

     • completed an associate degree from a California Community College, or

     • completed the minimum requirements at a California Community College for transfer to the California State University or the University of California, and

  3. The student must register as an entering student at, or current enrollment at, an accredited institution of higher education in California, and

  4. The student must file an affidavit with the college or university stating that if the student is a non-citizen without current or valid immigration status, the student has filed an application to legalize immigration status, or will file an application as soon as the student is eligible to do so.

A year’s equivalence at a California Community College is a minimum of 24 semester units of credit or 36 quarter units of credit. For noncredit courses, a year’s attendance is a minimum of 420 hours, 210 hours for a semester, and 140 hours a quarter.

The accumulation of credit and/or non-credit in any academic year shall be calculated in reference to a year’s equivalence. Partial completion in an academic year is allowed.(Example: 12 units of credit courses in an academic year is equal to a semester for purposes of determining eligibility.)

Attendance in credit courses at a California Community College towards the attendance requirements shall not exceed two years of full-time attendance.

²_{In 2018, Senate Bill 68 was enacted to further expand the AB 540 exemption to allow adult school and noncredit course work to establish eligibility.}
³_{In 2014, Assembly Bill 2000 was enacted amending Education Code section 68130.5 to allow this additional flexibility in meeting the requirements for the exemption.}

Military Personnel and Dependents 

In accordance with Education Code Sections 68074, 68075, 68075.1; and Title 5 Sections 54041 and 54042 members of the military who are present in California under military orders except those assigned to California for educational purposes, are exempt from nonresident tuition for the duration of their enrollment at a community college provided they meet the criteria outlined in the California Community College Chancellor's Office Student Attendance Accounting Manual.

• The military personnel or dependent must complete the Residency Reclassification Request and attach military orders.  

Dual Enrollment California Nonresident Tuition Exemption

In accordance with Education Code Sections 68040 and 68101 and Title 5 Section 54010 a residency determination must be made at the time of application for admission. Dual enrollment students who are accepted as a California resident for tuition purposes are exempt from paying the enrollment fees for classes (all other fees apply). However, dual enrollment students who are accepted as a California nonresident for tuition purposes will be assessed enrollment fees. In accordance with Education Code Sections 760004 and 76140 and Assembly Bill 2364, enrollment fees will be waived for nonresident dual enrollment students not on an nonimmigrant visa, provided the student in enrolled at a California primary or secondary school and enrolled as a dual enrollment student at Moorpark College.

• This exemption will be automatically applied for qualifying students upon application to Moorpark College.  To inquire about this exemption or your residency status contact Admissions & Records: mcadmissions@vcccd.edu or at 805-378-1429

For more information about enrollment requirements and available support contact our Dual Enrollment Program office. 

Refugee and Special Immigrant Visa (SIV) Nonresident Tuition Exemption

In 2017, the California Legislature also enacted Assembly Bill 343, which establishes a new exemption from nonresident tuition for refugees with special immigrant visas (SIVs) who have fled Afghanistan, Iraq, Syria or other countries. 

Effective January 1, 2018, Education Code section 68075.6 grants an exemption to nonresident tuition for: (1) Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq, and who meet certain criteria (Ed. Code, § 68075.6, subd. (b)(1); Public Law 110-181, § 1244); (2) translators (and their spouses and children) who worked directly with the United States Armed Forces, and who meet certain criteria (Ed. Code, § 68075.6; Public Law 109-163, § 1059); and (3) refugees (Ed. Code, § 68075.6, subd. (b)(1), 8 U.S.C. § 1157). These exemptions only apply to those who settled in California upon entering the United States. (Ed. Code, § 68075.6, subd. (b)(1).) Students who settled elsewhere in the United States, and then moved to California would not be eligible for this exemption and would be required to either establish residency or pay nonresident tuition. Under Education Code section 68122, T and U visa holders are also exempt from nonresident tuition by extension of Assembly Bill 343.

Assembly Bill 343 also states that the exemption for a student is only available for the maximum time it would take for the student to establish residency. (Ed. Code, § 68075.6, subd. (b)(1).) That time, and therefore any nonresident tuition exemption, will expire one year from the date the student settled in California upon entering the United States.  (Ed. Code, § 68017.) Upon expiration of the nonresident tuition exemption, the student will either have established residency in California, or will have an intention to reside elsewhere, and be subject to nonresident tuition.

Veterans

In accordance with Education Code 68075.5 and Title Five Section 54041 a student who was a member of the armed forces of the United States stationed in California on active duty for more than one year immediately prior to being discharged shall be exempt from paying nonresident tuition for up to one year if they reside in the state, intend to establish residency in California, and apply for the exemption within two years of being discharged, provided the meet all the criteria outlined in Assembly Bill 2478.

In accordance with the VACA Act, Education Code Section 68075.7, Senate Bill 81 (2015), and Senate Bill 85 (2017), and Assembly Bill 13 (Conway, 2014), and the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (P.L. 116-315) (Effective August 1st, 2021) provides an exemption from the nonresident fee for all students verified to be “covered individuals” per the criteria listed below and who qualify to use Montgomery GI Bill®-Active Duty or Post-9/11 GI Bill ® education benefits (Chapters 30 and 33, respectively, of Title 38, U.S. Code) while living in California.

A “covered individual” is defined in the VACA Act as:

1. A Veteran who lives in the state in which the institution of higher learning is located (regardless of his/her formal state of residence) and enrolls in the school from a period of active duty service of 90 days or more;
2. An individual eligible for transferred education benefits who lives in the state in which the institution of higher learning is located (regardless of their formal state of residence) and enrolls in the school from a period of active duty service of 90 days or more;
3. An individual eligible for transferred Post-9/11 G.I. Bill® benefits while the transferor is on active duty who resides (lives) in California (regardless of their formal state of residence) as described in 38 USC 3679(c)(2)(B)(ii)(II).
4. An individual eligible for benefits under the Marine Gunnery Sergeant John David Fry Scholarship (provides Post-9/11 GI Bill ® benefits to the children and surviving spouses of service members who died in the line of duty while on active duty) who live in the state in which the institution of higher learning is located (regardless of their formal state of residence);
5. A student who initially qualifies under the applicable requirements above will maintain “covered individual” status as long as continuous enrollment is maintained (other than during regularly scheduled breaks between courses, semesters or terms) at the institution, even if they enroll in multiple programs and shall continue to be exempt from paying nonresident tuition and other fees as described in the updated fee policy described below:

Students eligible for VA education benefits must provide a “Certificate of Eligibility” (COE) by the VA confirming the approved education benefits for the veteran or eligible dependent to basic educational assistance under chapters 30 and 33 of title 38, U.S. Code. The DD Form 214, Certificate of Release or Discharge from Active Duty, generally referred to as a "DD 214", shows the effective date of the veteran's discharge from active service and may also need to be submitted to assist with confirming the “covered individual” status.

• The California Veterans Nonresident Tuition Exemption / VACA / AB13 petition can be found on the Forms page.