Residency

California State Residency Requirements for Community Colleges

Thank you for your interest in attending Butte College. We are going to try and help you through the residency maze. If at the end of this maze, you still have questions, please contact us by phone, (530)895-2546.

The following information is extracted from California Education Code sections 68000 and after, and California Administrative Code Title V,sections 54000-54072.

Each student at the time of admission or readmission will be classified according to his/her legal residence. Evidence will be required to prove physical presence in California and intent to make California the permanent home.

Request for Residency Evaluation Form

Residency determination shall be made as of the first day of the semester of application. All documents must be submitted prior to that date.

A LEGAL RESIDENT OF CALIFORNIA MUST DO THREE THINGS:

1: Verify physical presence in California one year prior to the residency determination date. Note: The one year period begins when you are not only present in California but also have demonstrated clear intent to become a permanent resident of California.

2: Clearly verify an intent to make California a permanent place of residency by: (No one factor is controlling.)

• Living in California for two consecutive years
• Owning residential property
• Registering to vote and voting in California
• Obtaining license from California for professional practice
• Holding active membership in service or social clubs
• Showing California and a home address on Federal tax forms
• Having spouse, children or other close relative reside in California
• Paying California state tax as resident
• Possessing California driver's license
• Possessing California motor vehicle license plates
• Maintaining California as legal state on Leave and Earnings Statement
• and W-2 Form while in armed forces
• Establishing and maintaining active California bank accounts
• Being a petitioner for divorce in California

3: Not be involved in conduct inconsistent with a claim of California residency. Some examples of inconsistent conduct are:

• Maintaining voter registration in another state
• Being a petitioner for divorce in another state
• Attending an out-of-state institution as a resident of that state
• Declaring non-residency for state income tax purposes
• Maintaining a driver's license and/or vehicle registration in another
• state
• Butte College considers these more important than the others.
• Special residency rules:
• There are special residency rules which may apply in the following cases:
• Re-establishing California residency: For complete details on your specific
• situation , please contact the Residency Technician at (530) 895-2546.
• 19 years of age or under and unmarried
• Military (active or retired)
• Military Spouse/dependents)
• Aliens and refugees

CALIFORNIA NONRESIDENT TUITION EXEMPTION- AB 540

Some students may qualify for an AB 540 waiver. This waiver entitles students who qualify to have their non-resident fees waived for the semester.

General Information:

Any student, other than a nonimmigrant alien, who meets all of the folliwng requirements, shall be exempt from paying nonresident tuition at the California Community Colleges, the California State University and the University of California.

Requirements:

1.	The student must have attended a high school (public or private) in California for three or more years.
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)
3.	An alien student who is without lawful immigration status must file an affidavit with the college or university stating that he or she has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so.

• Students who are nonimmigrants [for example, those who hold F(student) visas, B(visitor) visas, etc.] are not eligible for this exemption.
• The student must file an exemption request including a signed affidavit with the college that indicates the student has met all applicable conditions described above. Student information obtained in this process is strictly confidential unless disclosure is required under law.
• Students eligible for this exemption who are transferring to another California public college or university must submit a new request (and documentation if required) to each college under consideration.
• Nonresident students meeting the criteria will be exempted from the payment of nonresident tuition, but they will not be classified as California residents. They continue to be "nonresidents".
• AB540 does not provide student financial aid eligibility for undocumented alien students. These students remain ineligible for state and federal financial aid.

Procedures for requesting this exemptiom from nonresident tuition:

Complete the California Nonresident Tuition Exemption Request (not currently available on line. Contact Admissions & Records for this document). Submit to the Admissions and Records where you intend to enroll. You may be required to submit additional documentation.

If you have already been classified as a non-resident and you wish to appeal that decision you must complete the Request for Evaluation of Residency Classification form. You must also submit with this form a minimum of two pieces of documentation proving both physical presence and intent. If you need assistance you may contact the Residency Technician or call Admissions & Records at (530) 895-2361.