International Students: Becoming California Residents?

International students often wonder whether they can become residents of the State of California, as this would mean their fees would be reduced to in-state fees. While it is possible for international students to become California residents, it is difficult. The requirements are numerous and strict. For example, students must be continuously physically present in California for more than a year (366 days) before the residence determination date and must intend to make California their home permanently.

Can international students be California residents?

International students with F1 or J1 visas cannot be CA residents

International students with F1 or J1 visas cannot be considered California residents. To be considered a California resident, you must meet certain requirements, including demonstrating your intention to make California your permanent home and relinquishing legal ties to your former state. This typically involves surrendering all out-of-state identification, such as a driver's license, and establishing legal ties to California, such as obtaining a California driver's license and registering to vote in the state.

International students with F1 or J1 visas are typically not eligible for in-state tuition rates, even if they meet the physical presence requirement of being continuously present in California for more than a year. This is because the F1 and J1 visas are non-immigrant visas, which do not allow for the establishment of permanent residency in the United States.

To become a California resident for tuition purposes, international students on F1 or J1 visas would need to change their immigration status, such as by obtaining a green card or another type of visa that allows for permanent residency. However, this process can be complex and may involve a range of requirements and qualifications.

It is important to note that the requirements for establishing California residency may vary depending on the specific university or college. Each educational institution may have its own criteria and processes for determining residency status. Additionally, the requirements for establishing residency for tuition purposes may differ from the requirements for other purposes, such as taxes or voting.

While it may be challenging for international students with F1 or J1 visas to become California residents, it is not impossible. By meeting the necessary requirements and demonstrating a commitment to making California their permanent home, some international students may be able to obtain California residency status. However, it is always advisable to consult with an international student advisor or a qualified immigration attorney to understand the specific options and requirements for an individual's unique situation.

Non-residents can establish residency by meeting physical presence requirements

International students on an F1 or J1 visa cannot be considered California residents. However, they can change their status to obtain a green card and become a California resident.

If a non-resident student leaves California for more than one month during the summer before the term in which they are establishing resident status, their intent to make California their home may be questioned. It is important to note that even if non-residents meet the physical presence requirements, they may not be eligible for a resident classification for tuition purposes if they moved to California primarily to attend the University of California.

There are certain exceptions to the physical presence requirement. For example, graduate students are presumed to be financially independent and are subject to the physical presence and intent requirements without a parent. Additionally, DACA students who do not qualify for AB 540 status can still qualify for state residency, as the time spent in DACA status is considered "legal presence" and counts toward the 366-day physical presence requirement.

Non-residents must demonstrate intent to stay in California

International students with non-resident status intending to establish California residency must demonstrate their intention to stay in the state permanently. This is a critical requirement for non-residents seeking to be classified as California residents for tuition purposes. Demonstrating intent involves several key steps. Firstly, non-residents must be physically present in California for more than a year (366 days) before the residence determination date, which is typically the first day of classes. This requirement underscores the need for a continuous and prolonged presence in the state.

Additionally, non-residents must relinquish legal ties to their former state or country and establish solid legal ties to California. This process includes surrendering all out-of-state identification, including driver's licenses, and obtaining a California driver's license. Establishing a permanent home in California, where one's belongings are kept, is also essential. This demonstrates a tangible commitment to the state and indicates that the individual intends to make California their long-term home.

Another critical aspect of demonstrating intent is maintaining a presence in California during non-academic periods. Non-resident students must remain in California when school is not in session, including during the summer break. Leaving the state for more than a month during these periods may raise questions about their intent to make California their permanent residence. This requirement ensures that non-residents seeking residency status integrate themselves into the state beyond their academic pursuits.

To further demonstrate intent, non-residents can seek employment in California and file resident income tax returns. They must declare all income earned outside of California before their residency date and any income earned after that date in California. This financial commitment to the state is a strong indicator of an individual's intention to establish California as their permanent home. Overall, by fulfilling these requirements, non-residents can effectively demonstrate their intention to stay in California and take a significant step towards establishing California residency.

Non-residents must sever legal ties with their former state

International students cannot be considered California residents if they hold an F1 or J1 visa. They must change their status by obtaining a green card or another alternative.

In the case of Appeal of Bragg, the FTB ruled that Mr. Bragg was still a California resident for tax purposes despite moving to Nevada. This was due to his significant ties to California, such as owning a home, maintaining a California driver's license, and having business interests in the state. Therefore, it is essential to proactively sever ties and maintain clear documentation of the move. California has aggressive taxation policies for former residents, so it is important to understand the state's tax laws and take the necessary steps to expatriate successfully.

DACA students can qualify for California residency

International students on an F1 or J1 visa cannot be considered California residents. However, DACA students can qualify for California residency.

DACA stands for Deferred Action for Childhood Arrivals. Under current court orders, initial requests for DACA are being accepted but not adjudicated. To be considered for DACA, you must submit evidence that you were under 31 years of age as of June 15, 2012, came to the United States before reaching your 16th birthday, and have continuously resided in the country since June 15, 2007. You must also show that you were physically present in the United States on June 15, 2012, and when you filed your DACA request, and that you had no lawful immigration status on these dates.

California's colleges and universities are trying to support undocumented students as DACA wanes. At each University of California campus, most California State University campuses, and over half of the state's 116 community colleges, there is a center where undocumented students can access help navigating grants, financial aid, and legal aid, as well as guidance in applying for grants.

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