Exceptions & Exemptions

If you or your parents are temporarily absent from California, you will not necessarily lose resident status. However, the Residence Deputy will determine whether the absence was temporary in nature and consistent with an intent to remain permanently domiciled in California. Qualifying temporary absences are defined as of limited duration, evidenced by a start and end date, and are purpose-based to include a temporary employment assignment, medical treatment, and qualifying educational programs, all of which require objective documentation.  You and your parents have the burden of providing clear and convincing evidence of maintaining their continuing California residence during all absences from the state.

Steps that you or your parents should take to retain a California residence during a temporary absence include, but are not limited to:

• Satisfy resident income tax obligations. Individuals claiming California residence for tuition purposes are taxable on their total income from the date they establish California residence, which may include income earned elsewhere. California also does not recognize Foreign Earned Income exclusion.
• Continue to use a California permanent address on all records.
• If attending an out-of-state public institution, attend as a nonresident for the entire period of enrollment.
• Retain a California voter's registration.
• Maintain a California driver's license and vehicle registration when possible. If it is necessary to change a driver's license and/or vehicle registration while temporarily residing in another state, these documents should be changed back to California as soon as possible.
• Maintain a residence in California.
• Store belongings in California.
• Return to California for leaves and vacations

If you're classified as a nonresident because it is deemed that you did not maintain California residency during the entire absence, you must take steps to re-establish residency by satisfying all the residency requirements.

If you are a minor (unmarried and 17 or under), the residence of the parent with whom you live is considered your residence. For example, if you're a minor and live with your parent who resides in Hawaii, your residence is considered Hawaii. If you are a minor on the residence determination date (the first day of instruction), you are considered a minor for the term.

If you live with neither parent, your residence is that of the parent with whom you last lived. If you are a minor with an eligible immigration status, you may establish your own residence when both your parents are deceased, and a legal guardian has not been appointed. In order to derive California residence from a parent, that parent must satisfy all the applicable residency requirements.

EXCEPTIONS

Parents’ Permanent Separation or Divorce
If your parents are separated, divorced, or were never married, the residence of the parent with whom you spend the majority of your time will be considered your residence. If you want to derive California residency from a California resident parent, you must provide clear and convincing evidence that you moved to that parent's home prior to your 18th birthday and remain in California until school begins. The parent must satisfy all applicable residency requirements.  ​

Deceased Parents
If you are a minor, you may establish residency when both your parents are deceased and no legal guardian has been appointed. Until you establish residency, your residence remains that of the last living parent. If the last parent to die was not a California resident, you must establish residency in the same manner as an adult student. If a guardian is appointed, you will assume the residence of the guardian.

Adoption
If you are a minor who was legally adopted by a California-resident parent, you are eligible for a resident classification for the ensuing term if you've fulfilled all other applicable residency requirements. You must provide official, legal documentation (such as a court order) proving the adoption.

Parent of Minor who Moves from California
If you are a minor whose parent(s) was a resident of California but move to establish residence elsewhere, you will be eligible for a resident classification if you remain in California and enroll full time in a postsecondary institution within one year of your parent's departure. Your resident classification will continue as long as you maintain continuous full-time attendance at the postsecondary institution.

Self-Supporting Minor
If you are a minor who has been totally self-supporting and physically present in California for at least 366 days immediately prior to the residence determination date (the first day of instruction), with the intention of establishing residency, you are eligible for a resident classification so long as you continue to be self-sufficient. You must provide clear and convincing evidence of complete self-sufficiency.

Two-Year Care and Control
If you are a minor or an 18-year-old student, you may be eligible for a resident classification if, immediately prior to enrolling in a postsecondary institution, you have been living with and been under the continuous direct care and control of a California-resident adult, other than a natural or adoptive parent, for a period of not less than two years. Requirements:

• You must have lived with an adult, or series of adults, other than a parent, for at least two years immediately prior to enrollment.
• You must not receive support or income from any source outside of California.
• The California adults must not receive support or income on your behalf from any sources outside of California.
• During the two-year period, you must have been under the continuous direct care and control of the adult(s) with no assistance provided by others, including your parents.
• During the one year immediately prior to the residence determination date, the adult(s) must have met the requirements for residence for tuition purposes.
• If you are not a U.S. citizen or permanent resident, you must be in an eligible immigration status.
• You must maintain continuous enrollment at a California public postsecondary institution.
• If you've enrolled in more than one postsecondary institution, attendance in all postsecondary institutions must amount to continuous, full-time attendance throughout the prescribed period.
• You must live with the person having care and control, and at no other address.

In order to be eligible for a waiver of nonresident supplemental tuition (through AB 540 or any of its expansions), you cannot carry a nonimmigrant visa as defined by federal immigration law.

You may be eligible if you meet the following criteria:

• You attended a California high school for at least three years
• You graduated from a California high school

As of January 1, 2015, you may also be eligible for AB 540 if you are a University of California nonresident student who has successfully completed three years of high school academic credit in fewer than three years, provided you document that you attended school in California for at least three academic years during K-12 enrollment.

As of January 1, 2018, you may also be eligible for AB 540 if you are a University of California nonresident student who has satisfied both the 1) Time and Coursework Requirements AND 2) Degree or Unit Requirements outlined below:

1. Time and Coursework Requirements. Three years of full-time attendance (or equivalent credits) at any (or a combination of any) of the following:

• California high school
• California adult school 
  • Full-time attendance is a minimum of 420 hours per school year which may be completed on a part-time basis and includes non-credit courses at a California Community college
• California community college
  
  • Full-time attendance is defined as a minimum of 12 credit units per semester or quarter

2. Degree or Unit Requirements. Any of the following requirements:

• Graduation from a California high school (or attainment of the equivalent)
• Attainment of an associate’s degree from a California Community College while in California
• Fulfillment of minimum transfer requirements from a California community college to a UC or CSU while in California

You may be eligible for a conditional resident classification if you:

• Have not lived in California for at least 366 days since arriving in the state or since reaching 18
• Are the dependent child (natural or adopted) of a parent who is considered a California resident for tuition purposes immediately prior to the residence determination date (the first day of instruction)
• Maintain continuous attendance at an educational institution

If you are granted conditional residency, you must submit a new Statement of Legal Residence (SLR) for the semester in which you meet the minimum time necessary to become a resident.  

This exemption expires after one full year. To maintain a residence classification once the exemption expires, you must have satisfied the "Physical Presence" and "Intent to Remain in California" requirements to establish your own residency during that year.

The Higher Education Opportunity Act of 2008 provides any student (undergraduate, graduate, or professional) who is a member of the Armed Forces of the United States on active duty for a period of more than 30 days and whose domicile or permanent duty station is in California, or the spouse or dependent child of such a member, may be entitled to an exemption from nonresident supplemental tuition if you fall into one of the following categories (A or B):​

A. Active duty member who ​is​ domiciled in California.

Domicile, for purposes of applying the federal law, is the one location where a person is considered to have the most settled and permanent connection; the place where they intend to remain; whenever temporarily absent, they have the intention of returning to.  Evidence of domicile during the entire period of absence includes but is not limited to:

• • Listing California as the permanent state of residence (i.e. DD 2058 with the military)
  • Listing California as the permanent state of residence on the most recent Leave and Earnings Statement.

B. Active duty member whose permanent duty station is in California.

Permanent duty station, for purposes of applying the federal law, is defined as the post of duty or official station to which a member of the Armed Forces is assigned or attached.  A member of the Armed Forces assigned to a military base or installation in California would meet the requirements of having a permanent duty station in California. Evidence of permanent duty station includes:

• • Official documentation from the commanding officer or personnel officer verifying that the military member is on active duty for a period of more than 30 days and whose permanent duty station is in California.

If the active duty member is not domiciled in California or is not permanently stationed in California, the individual will be considered a non-resident for tuition purposes.

OR

C. If the student does not meet the HEOA categories above, the Veterans Access, Choice, and Accountability Act (VACAA) enhancements of 2017 (Public Law 114-315 Section 417) allows for a spouse or dependent child of an active duty service member to qualify for a non-resident tuition exemption effective July 1, 2017 given the following requirements are satisfied:

​The active duty member has transferred VA educational benefits (under either Chapter 30 Mon​tgomery GI Bill or Chapter 33 Post 9/11 GI Bill) to the spouse or dependent child AND the spouse or dependent child resides in the state of California before the first day of instruction of the first term of attendance. Evidence includes:

• • ​Changing to a California local or home address before the first day of instruction of your first term.
  • Providing a Certificate of Eligibility (contact Veterans Benefits for more information).
  • Providing proof of military sponsor's active duty service (enlistment contract, orders, letter from commander, etc.).

​Students who believe they qualify for this non-resident supplemental tuition exemption should contact the Veterans Benefits Specialist in the Office of the Registrar at veteranservices@berkeley.edu, 510-642-1592, or visit 123 Sproul Hall, Monday through Friday, 9 a.m. to noon and 1 to 4 p.m.

In compliance with the Veterans Access, Choice, and Accountability Act of 2014 and 2017 (Public Laws 113-146 Section 702 and 114-315 Section 417), the University may provide a waiver of nonresident supplemental tuition to veterans or their dependents if they meet the conditions of either one of the following scenarios:

​​A. The student is eligible for Chapter 33 Post 9/11 GI Bill benefits as a Fry Scholarship Recipient​.

OR

B. The veteran and student (if a dependent) meet BOTH of the following requirements:

• They will be,​ or are currently receiving VA educational benefits under either Chapter 30 (Montgomery) or Chapter 33 (Post 9/11 GI Bill) after June 30, 2015, while enrolled at the University of California
  AND
• The student or their military sponsor separated from a period of at least 90 days of active duty in the U.S. military.

​Students who believe they qualify for this non-resident supplemental tuition exemption should contact the Veterans Benefits Specialist in the Office of the Registrar at veteranservices@berkeley.edu, 510-642-1592, or visit 123 Sproul Hall, Monday through Friday, 9 a.m. to noon and 1 to 4 p.m.

If you are an unmarried dependent child, or the spouse or the registered domestic partner of a full-time University employee whose assignment is outside California (i.e. Los Alamos National Laboratory or the University of California Washington, DC Center), you may be eligible for a waiver of nonresident supplemental tuition. The UC employment status of your parent/spouse/registered domestic partner must be determined each semester before a waiver is issued.

If you are the spouse, registered domestic partner, or unmarried, dependent child of a member of the University of California faculty, who is a member of the Academic Senate, you may be eligible for an exemption from a waiver of nonresident supplemental tuition. Verification from the University's Academic Senate office confirming the faculty member's membership must be sent to the Residence Affairs office each semester before a waiver can be issued.

If you possess a T or U nonimmigrant visa but would otherwise meet the requirements of Section AB540, you may be eligible for a waiver of nonresident supplemental tuition until you are eligible to establish California residency. You are required to submit documents confirming your current immigration status each semester before a waiver is issued.

If you reside in California and are or were a dependent or ward of the court through the California Child Welfare System, you may be eligible for a resident classification so long as you remain continuously enrolled.

Native American Graduates of a BIA School
If you are a graduate of a California school operated by the Federal Bureau of Indian Affairs (BIA), and enroll at one of the UC campuses, you are eligible for a resident classification so long as you maintain continuous attendance at an institution of higher education. Currently, Sherman Indian High School in Riverside is the only California high school operated by the BIA.

Student Athlete in Training at U.S. Olympic Training Center 
If you are an amateur student athlete training at a U.S. Olympic Training Center in California, you may be eligible for a resident classification for one year, until you've resided in the state the mimium time necessary to become a resident. The U.S. Olympic Training Center official will provide you with a verification letter confirming eligibility.

Alan Pattee Scholarship
If you are a student who is a child, spouse, or registered domestic partner of a deceased law enforcement officer or firefighter who, at the time of death, was a resident of California, you may be eligible for an exemption from Tuition and Mandatory Systemwide Fees.

Recipient or Child of a Recipient of the Congressional Medal of Honor
If you are a recipient of the Congressional Medal of Honor or the child of a recipient of the Congressional Medal of Honor, you may be eligible for an exemption from Tuition and Mandatory Systemwide Fees. This benefit is independent of a residency classification

Nonresident graduate doctoral students who have advanced to candidacy by the beginning of the semester are eligible for a reduction to $0 of the nonresident supplemental tuition for a maximum of three years (six consecutive semesters, excluding summer). Such students who continue to enroll or re-enroll after the three-year period will be assessed the nonresident supplemental tuition and other mandatory fees in full.

Note: This requirement is not handled by the Residence Affairs Unit. Please refer to the Graduate Division website for more information.