If you are a nonresident undergraduate student under the age of 24, whose parents are not California residents, you most likely will remain classified as a nonresident for the duration of your undergraduate career. (Please note: The term parent as defined by UC Residency Policy is considered a biological or legally adoptive parent.)
This is due to UC’s one-year financial independence requirement. If you have moved to California specifically to attend UC Berkeley, you are here for educational purposes and may not be eligible for a resident classification for purposes of tuition and fees.
For a list of documents our office may request from you and your parents, you can visit the Forms web page and look at the documents located under Residency.
Please note: While the documents listed under the Residency section of the Forms page are likely to meet the needs of a majority of students who are petitioning, please be advised that additional documentation may still be necessary in some cases (e.g. immigration documentation, financial independence documentation, etc.).
Requirements: Students Under Age 18
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In order to meet the University of California residency requirements, undergraduate students under the age of 18 must be financially dependent upon California-resident parents.
Both you and your parents must be in an eligible immigration status. However, only the parents are required to satisfy the "Physical Presence" and "Intent to Remain in California" requirements. (For exceptions to this rule, please refer to the , under "Minors.")
Eligible Immigration Statuses
- U.S. citizens
- Permanent residents of the U.S. who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction)
- Qualifying nonimmigrant visa holders who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction)
Physical Presence
- Your parents must be physically present in California on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
- Residence may not be established in absentia and the prior residence must have been relinquished.
- Your parents must be able to demonstrate by clear and convincing evidence that they have been continuously physically present in California.
- During the 366-day period, your parents can be absent from California for a total of six weeks. If your parents exceed six weeks of absence, a resident classification will not be granted.
Intent to Remain in California*
Your parents must establish legal ties to California by acquiring all applicable governmental evidence of intent by the relevant deadlines, and relinquishing ties to their previous place of residence:
- Obtain a California Driver's License or State Identification card by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register a vehicle in California (if vehicle is owned and used in California) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register to vote in California (if registered to vote in previous state of residence) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- File California state income tax returns as a resident or part-year resident on all taxable income earned in or out of the state after arriving in California
- File out-of-state income tax returns as a nonresident or part-year resident on income earned prior to arriving in California
*Intent is not limited to the terms listed here.
Requirements: Students Age 18-23
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In order to meet the University of California residency requirements, undergraduate students between the ages of 18 and 23 must either be:
- Financially dependent on California-resident parents
OR
- Considered financially independent according to the UC residency policy
If you are dependent on California-resident parents, both you and your parents must be in an eligible immigration status and satisfy the "Physical Presence" and "Intent to Remain in California" requirements.
If you are not dependent on California-resident parents, you must be in an eligible immigration status and satisfy the "Physical Presence," "Intent to Remain in California," and "Financial Independence" requirements.
Eligible Immigration Statuses
- U.S. citizens
- Permanent residents of the U.S. who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date(the first day of instruction)
- Qualifying nonimmigrant visa holders who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction)
Physical Presence
- You and your parents must be physically present in California on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
- Residence may not be established in absentia and the prior residence must have been relinquished.
- You and your parents must be able to demonstrate by clear and convincing evidence that you have been continuously physically present in California.
- During the 366-day period, you and your parents can be absent from California for a total of six weeks. If you and your parents exceed six weeks of absence, a resident classification will not be granted.
Intent to Remain in California*
You and your parents must establish legal ties to California by acquiring all applicable governmental evidence of intent by the relevant deadlines, and relinquishing ties to your previous place of residence:
- Obtain a California Driver's License or State Identification card by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register a vehicle in California (if vehicle is owned and used in California) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register to vote in California (if registered to vote in previous state of residence) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- File California state income tax returns as a resident or part-year resident on all taxable income earned in or out of the state after arriving in California
- File out-of-state income tax returns as a nonresident or part-year resident on income earned prior to arriving in California
*Intent is not limited to terms listed here.
Financial Independence
You must demonstrate financial independence (total self-sufficiency) for one full year immediately preceding the residence determination date of the term for which a resident classification is sought. This means you must have supported yourself with your own resources (employment, commercial/institutional loans in your name only, financial aid, and savings from earnings, all of which require official documentation) for one full year prior to the residence determination date.
You should be able to cover your basic expenses, which include tuition, rent, food, and vehicle (if applicable).
You also must not be claimed as an income tax dependent by any individual for the tax year immediately preceding the term for which a resident classification is sought.
The financial independence requirement will not be a factor in the residence determination if you meet at least one of the following criteria:
- You are married or a registered domestic partner
- You are serving in the U.S. Armed Forces
- You are a veteran of the U.S. Armed Forces
- You have a legal dependent, other than a spouse or registered domestic partner
- You are or were a ward of the court, foster youth, or both parents are deceased
- You were declared by a court to be an emancipated minor
- You have been determined to be an unaccompanied youth who was homeless pursuant to federal financial aid rules
- You reached the age of majority (18) in California while your parents were California residents for tuition purposes and your California resident parents left the state to establish a residence elsewhere, and you continued to reside in California after your parents’ departures
Requirements: Students Over Age 24
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In order to meet the University of California residency requirements, undergraduate students over the age of 24 must be in an eligible immigration status and satisfy the "Physical Presence" and "Intent to Remain in California" requirements.
Eligible Immigration Statuses
- U.S. citizens
- Permanent residents of the U.S. who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction)
- Qualifying nonimmigrant visa holders who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction)
Physical Presence
- You must be physically present in California on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
- Residence may not be established in absentia and the prior residence must have been relinquished.
- You must be able to demonstrate by clear and convincing evidence that you have been continuously physically present in California.
- During the 366-day period, you can be absent from California for a total of six weeks. If you exceed six weeks of absence, a resident classification will not be granted.
Intent to Remain in California*
You must establish legal ties to California by acquiring all applicable governmental evidence of intent by the relevant deadlines, and relinquishing ties to your previous place of residence:
- Obtain a California Driver's License or State Identification card by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register a vehicle in California (if vehicle is owned and used in California) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register to vote in California (if registered to vote in previous state of residence) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- File California state income tax returns as a resident or part-year resident on all taxable income earned in or out of the state after arriving in California
- File out-of-state income tax returns as a nonresident or part-year resident on income earned prior to arriving in California
*Intent is not limited to terms listed here.
