California Residency and Tuition Classification Policy
California law requires that every student applying for admission to or currently enrolled at Barstow Community College provide information and evidence to determine their residence classification for tuition purposes. Residency classification affects tuition fees, exemptions, and eligibility for certain state financial aid programs.
Residency Overview
Residency classification for tuition purposes is governed by:
- California Education Code §§ 68000 et seq.
- California Code of Regulations, Title 5 §§ 54000–54072
- Applicable federal immigration law
Residency for tuition is separate from residency for other legal purposes (e.g., tax, voting, driver’s licenses).
Requirements to Establish California Residency
To be classified as a California resident for tuition purposes, a student must demonstrate all of the following:
1. Legal Status
The student must have a status that permits domicile in the United States (e.g., U.S. citizenship, Permanent Resident, eligible visa status).
Legal status must be sustained for at least one year and one day prior to the first day of the term for which residency is sought.
(Title 5 § 54045)
2. Physical Presence
The student must have been physically present in California for one year and one day immediately preceding the residency determination date (typically the first day of the semester).
(Title 5 §§ 54020, 54022)
3. Intent to Make California a Permanent Home
The student must provide objective evidence indicating an intent to make California their permanent home for reasons other than education.
Actions inconsistent with intent may include:
- Maintaining a driver’s license, voter registration, or employment in another state
- Filing state taxes as a resident of another state
- Attending a non-California college as a resident of that state
Intent alone or presence alone is insufficient without both factors.
(Ed. Code § 68062(d))
Residency Definitions
Resident:
A student who has been physically present in California for more than one year immediately preceding the residency determination date and has demonstrated intent to make California their permanent home.
(Ed. Code § 68017)
Nonresident:
A student who does not meet the residency criteria above.
(Ed. Code § 68018)
Documentation
Students seeking residency reclassification must submit a Request for Residency Status Change form and supporting documentation.
All documentation must be dated at least one year and one day prior to the residency determination date.
At least two proofs are required:
- One Primary proof AND one Secondary proof, OR
- Two Primary proofs from different sources
Primary Proof Examples
- California Income Tax Return (Form 540; 540NR not accepted)
- California Driver’s License/ID
- California Vehicle Registration
- California Voter Registration
Secondary Proof Examples
- California bank statements
- Utility bills (electricity, water, phone)
- California employment verification
- Real estate documents
- California state benefits
Barstow Community College may request additional documentation if needed.
Non-U.S. Citizens and Visa Eligibility
Residency eligibility is also determined by the type of visa held and the ability to establish domicile.
Visas Eligible for Residency
Visas that may be considered include (but are not limited to):
A, E, G, H-1B/1C/4, I, K, L, NATO, O-1/3, R, T, U, V
Visas Precluded From Establishing Residency
Students holding the following visa types are not eligible to establish California residency regardless of time in state:
B, C1/D, F-1, H-2A/2B/3, H-4 (except as defined), J-1/2, M, O-2/3, P, Q, S, TN/TD, and others defined under Title 5. Undocumented students and those not lawfully in the U.S. are also precluded.
Note: B-1/B-2 visa holders are not eligible to enroll at Barstow Community College.
Residency for Students Under 19
For students under 19, residency may be derived from a parent or legal guardian who meets California residency criteria.
Military Personnel and Dependents
California law provides special residency considerations for active duty military and their dependents:
Active Duty Service Members
- If California is the service member’s Home of Record, they may be classified as residents for tuition purposes regardless of where they are stationed.
Dependents
- Dependents of active duty service members stationed in California for reasons other than education may also qualify for resident classification.
Students must submit the Military Residency Affidavit and appropriate military documentation (e.g., military orders, LES, home of record documentation) with their residency request.
Financial Independence (When Applicable)
When a nonresident student seeks reclassification to resident and the student’s parents are not California residents, the student must demonstrate financial independence in addition to the standard residency factors.
(Ed. Code § 68044; Title 5 §§ 54020, 54032)
AB 540 — California Nonresident Tuition Exemption
Assembly Bill 540 allows certain nonresidents to be exempt from nonresident tuition without being classified as residents.
AB 540 Eligibility
To qualify, a student must:
- Have attended California high school, adult school, and/or California community college for the equivalent of three or more years, and
- Graduate from a California high school or attain equivalent (e.g., GED), OR
- Complete an associate degree or CSU/UC transfer requirements, and
- File an affidavit confirming intent to apply for legal status if non-citizen
Students with T or U visa status who meet criteria are also eligible.
Nonresident Tuition Exemptions for SIV Holders and Refugees
Under Education Code § 68075.6, eligible Special Immigrant Visa (SIV) holders and refugees who settled in California upon entry to the U.S. may qualify for a one-year exemption from nonresident tuition. This includes:
- Iraqi and Afghan translators for U.S. forces
- Certain refugee classifications
This exemption is valid for one year from the date of settlement and does not itself establish residency.
Eligible students remain nonresidents but are exempt from nonresident tuition.
AB540 does not confer federal financial aid eligibility.
Eligible students should complete the AB540 Affidavit and submit it to Admissions & Records.
Western Undergraduate Exchange (WUE)
Barstow Community College participates in the Western Undergraduate Exchange (WUE) program through the Western Interstate Commission for Higher Education (WICHE).
WUE Overview
WUE provides a regional tuition reduction for eligible out-of-state undergraduate students from participating Western states. Under WUE:
- Eligible students may pay reduced nonresident tuition that is lower than regular nonresident rates.
- WUE status does not confer California residency.
- Students must meet WUE eligibility criteria defined by WICHE and Barstow Community College.
WUE Eligibility and Application
To participate in WUE, students must:
- Be a legal resident of a participating WUE state
- Apply for WUE through Admissions & Records by published deadlines
- Meet any additional academic or enrollment criteria
WUE offers an affordable pathway for Western regional students seeking high-quality instruction while living outside California. Eligible students should complete the WUE Application.
Appeals and Changes in Residency
Students who disagree with their residency classification may:
- Submit additional documentation
- Request a review or reclassification
- File an appeal in writing within published deadlines
Need Help?
For assistance with residency classification, documentation requirements, or exemption applications, contact:
Admissions & Records Office at admissions@barstow.edu
