How Residency is Determined
When you fill out an Application online through CCC Apply, a computer algorithm determines your resident based on the answers you have provided. CCC Apply was designed by the Chancellor's Office. If it flags you as a NonResident you have the opportunity to appeal the status by filling out the Residency Reclassification Petition. This request, along with appropriate documentation, allows Las Positas College to modify your residency status when appropriate, while providing the required documentation for auditors.
How do I find my residency status:
- Login to Classweb
- Click the "Student Services" tab
- Select "Check Priority Registration status" link
- Choose college, select term, click submit.
- Scroll down to "Current Residency Classification."
Questions about residency? Visit the Admissions website with zoom link on Tuesdays between 3:30 - 5:30 pm. Link is top right on the Admissions page.
Any person who is a high school graduate or equivalent thereof, or who is eighteen years of age or older and who can profit from the instruction, is eligible to apply for admission to Las Positas College.
In determining tuition and enrollment fees, students fall under the following two categories:
Those who have legally resided in California for at least one year and a day prior to the first day of a new semester or session. California State law requires that students give evidence of physical presence in California for one year and their intent to make California their home state for other than a temporary period.
Non-Residents (out-of-state and international students):
Those who do not meet the California Residency requirements as previously outlined. Please refer to Student Fees, Tuition, & Refunds for cost of attendance.
Students who are California residents pay in-state tuition of $46 per unit, whereas students who are non-residents pay out-of-state tuition in addition to that charge. Community college enrollment fees are set by the California State Legislature. All fees are subject to change.
The term "California resident" for fee purposes may differ from other definitions of California residency. A person who has a California driver's license and/or vehicle registration or who is a California resident for tax, voting, or welfare purposes may have established legal residence in the state but not necessarily be considered a resident for fee purposes.
To be eligible for California residency, a student must do the following:
The following visa status holders cannot establish residency regardless of the length of time in California: B-1, B-2, C, D-1, D-2, F-1, F-2, H-2, H-3, J-1, J-2, M-1, M-2, O-2, P-1, P-2, P-3, P-4, Q, and TN/TD.
If you are the holder of one of these types of visas – but you have filed for a change of status – then you may submit a request for residency reclassification. Your residency determination date is based on the date of your application of change of status. Make sure to include a copy of the Notice of Action from USCIS for the status adjustment.
Under California law, if you moved to California primarily to attend a California college, then you are not eligible for in-state tuition fees.
You must prove through official and/or legal documents that you have moved to California permanently and are not just living in California temporarily while you attend college, however long your course of study takes.
Students under 19 years of age and unmarried typically derive California residency from their parents. The parents must meet the eligibility requirements and provide documentation demonstrating physical presence in California and intent to make California their permanent residence. Note: Students older than 19 usually do not derive residency from a parent.
Alternatively, students seeking reclassification from non-resident to resident status can show financial independence from any non-resident parent or guardian according to guidelines set forth by the State of California.
To establish financial independence, a student seeking reclassification must show the extent to which they have met the following criteria for the current and each of the immediately preceding three (3) calendar years:
- The student has not been claimed as an exemption for state or federal tax purposes by their non-resident parents.
- The student has not received more than $750 from their non-resident parents.
- The student has not lived in the home of their non-resident parents for more than six weeks in any given year.
Failure to satisfy all the financial independence criteria for the entire period will not necessarily result in classification as a non-resident if the showing of one year’s presence and intent is sufficiently strong. However, failure to satisfy all three financial independence criteria for the current and immediately preceding calendar years will normally result in classification as a non-resident, since financial independence is of greater significance for those years.
Financial independence, or want of it, for the second and third calendar years immediately preceding the year in which reclassification is requested will be considered together with all other relevant factors in determining intent, with no special weight attached to the financial independence factor. Evidence of financial independence may be presented in the form of:
- Affidavits signed by student and parent indicating the extent to which the three criteria listed above have been met
- Copies of the federal and state income tax returns filed by student and/or parent for the current and any applicable preceding calendar years
Learn about exemptions and special considerations.
How to Apply for Reclassification of Residency
We encourage students to start the residency reclassification process before they sign up for classes. If you don't pay your fees on time because you are trying to get in-state tuition, then you may be dropped from your classes.
We have updated our Residency Reclassification Petition to Adobe Sign. We feel this will be a more effective way to serve you better.
Submit the completed Residency Reclassification Petition (PDF) through Adobe Sign along with all the required documents. Paper copies will not be accepted. Please do not send us a copy of your Residency Reclassification Petition we automatically receive it when you fill out your Adobe Sign Petition.
NOTE: Your Residency Classification will not be changed automatically, you must request it. We cannot process a Retroactive change of status.
Read the form carefully and make sure that your documentation shows your name and California Residency Address 366 days prior to the first day of the term for which you are applying.
Exemptions and Special Considerations
California regulations allow students who meet certain criteria to pay California resident fee rates. To be considered under any of the following special provisions, you must meet the criteria listed.
Students who attended a California high school for at least three years and graduated or received a GED or certificate of completion may qualify for the AB 540, AB 2000, or SB 68 non-resident tuition exemption. Additional factors such as community college, elementary, middle, and adult school attendance in California may be considered in some circumstances.
If you meet this exemption, then submit the following form instead of instead of the Residency Reclassification Application along with an official high school transcript sent directly from your educational institution to Las Positas College:
Two Year Care and Control
Education Code, 68073; Title 5, 54047
If, immediately prior to enrolling at the college, you lived with and have been under the direct care and control of any adult(s), other than a parent, for a period of at least two years, provided that the adult(s) having control have been domiciled in California during the year immediately prior to the residence determination date, please provide evidence of both the following:
- A statement form the adult(s) showing that you have lived with him/her and have been under his/her continuous direct care for more than two years
- Evidence that the adult has California residence for more than one year prior to the residence determination date
Adult Dependent of a California Resident
Education Code, 68076; Title 5, 54047
If you have not been an adult resident of California for more than one year and either of the following are true, then provide documentation of your parent's California residency:
- You are the dependent child of a California resident who has had residence in California for more than one year
- You have a parent who has both contributed court-ordered support for you on a continuous basis and has been a California resident for at least one year
Education Code, 68071; Title 5, 54040
If you are under 19 years of age and have supported yourself financially for at least one year and a day, then please provide both of the following:
- W-2 forms or other documentation showing your earnings for the past year
- A written statement showing your expenses during the past year
Note: To claim this status, you must have been physically present in California for the past year.
Minor Remaining in California
Education Code, 68070
If you are a minor whose California resident parent(s) moved from California to establish residence elsewhere within one year prior to the residence determination date, and you have remained in California, then please provide all of the following:
- Evidence your parent(s) lived in California at least one year prior to leaving
- Evidence parent(s) left California to establish residence elsewhere within one year of the resident determination date
- Evidence you are under age nineteen and are in the process of becoming a California resident
Current and Former Foster Youth
Education Code, 68730
If you are or have recently been a foster care youth (ward or dependent of the State of California), then please provide documentation showing this relationship. You must be 24 years old or younger to qualify.
Member of the US Military on Active Duty in California or Maintaining Domicile in California
Education Code, 68075; Title 5, 54042
- If you are stationed in California, and have been stationed in California less than
one year, please provide
- A Completed Residency Reclassification Form
- A copy (front) of your Military ID
- A copy of your Military Orders that show your domicile in California
- If you are stationed in California, and have been stationed in California more than
- A completed Residency Reclassification Form
- A copy (front) of your Military ID
- A copy of your Military Orders showing your domicile as California (CA Station)
- Provide 2 documents that show your name, and residency address in California dated 366 days prior to the start date of the term of application
Please note: Residency Reclassification is not retroactively considered. Check your Residency status right after you apply, if your residency is not what you believe it should be
Spouse or Dependent Child of Member of the Military Stationed in California or Maintaining Domicile in California
Education Code, 68074; Title 5, 54041
If you are the spouse or dependent child of a member of the Armed Forces of the United States who is stationed in California, then please provide all of the following:
- Proof that the military member has been assigned to active duty for more than 30 days
- Documentation of the military member’s assignment to active duty in California or proof of that the military member’s primary home is in California
- Evidence that you are the spouse of the military member or a dependent child for federal tax purposes
Discharged Member of the US Military Remaining in California
Education Code, 68075.5; Title 5, 54041
- For Discharged Veterans (Home of Record: California)
- Option 1
Choose this option if you have resided in California for 1 year and 1 day prior to the term of application.
- A copy of your DD214
- Fill out the Residency Reclassification Form
- Provide 2 documents that show your name, address in CA and that are dated 366 days prior to the term of application.
- Option 2
Choose this option If you graduated from a California High School and attended at least 3 years of school in a California school
- Fill out the Tuition exemption form
- Send a copy of your official High School transcripts from your high school and/or other California schools to Las Positas College electronically by ordering them from your prior schools online.
- Option 1
- For Discharged Veterans (Home of Record: Other than California)
- Option 3
Choose this option if you have lived less than 1 year in California and have completed 90 days active duty.
- A copy of your DD214
- Fill out the VACA form waiver
- If you are eligible for GI Bill benefits –provide a copy of your eligibility
- Option 4
Choose this option if you have resided in California for 1 year and 1 day prior to the term of application
- A copy of your DD214
- Fill out the Residency Reclassification Form
- Provide 2 documents that show your name, address in CA and dated 366 days prior to the term of application.
- Option 3
Please note: Residency Reclassification is not retroactively considered. Check your Residency status right after you apply, if your residency is not what you believe it should be.
More Military Residency Information
Applicants who are members of the Armed Forces of the United States stationed in California on active duty, except if assigned for educational purposes, are entitled to resident classification until the student has resided in the state the minimum time necessary to become a resident. During this one-year period, the military person (and/or dependents) must demonstrate intent to establish California residency.
Graduate of a School in California Operated by the United States Bureau of Indian Affairs
Education Code, 68082
If you graduated from a school operated by the US Bureau of Indian Affairs that is located in California, then please provide a copy of your diploma.
Surviving Dependent of Any Individual Killed in the September 11 Terrorist Attacks
Education Code, 68121
If you are a surviving dependent of an individual killed in the September 11, 2001 terrorist attacks, then please provide a copy of your written notice of eligibility for a tuition/fee waiver by the California Victim Compensation and Government Claims Board.
Special Immigrant Visa Status
Per AB 2210, Education Code section 68075.65
Education Code section 68075.6 grants an immediate nonresident tuition fee exemption to eligible Special Immigrant Visa (SIV) holders and refugee students who settled in California upon entering the United States. This exemption is granted for one year from the date the student settled in California upon entering the United States.
This exemption applies to the following:
- Iraqi citizens or nationals (and their spouses and children) who were employed by or on behalf of the United States Government in Iraq (Pub.L. No. 110-181, § 1244)
- Afghan and Iraqi translators (and their spouses and children) who worked directly with the United States Armed Forces (Pub.L. No. 109-163, § 1059)
- Afghanistan nationals who were employed by or on behalf of the U.S. government or in the International Security Assistance Force (ISAF) in Afghanistan (Pub.L. No. 111-8, § 602)
- Refugee students admitted to the United States under Section 1157 of Title 8 of the United States Code
The residence of a minor (a person under 18 years of age) is determined in accordance with the following, per California Education Code and Title 5:
- The residence of the parent (natural or legally adoptive) with whom an unmarried minor lives is the residence of that minor, regardless of the length of time the minor has resided with that parent. This rule applies equally to a minor whose parents have permanently separated.
- A married minor may establish their own residence. A minor who has married but thereafter divorced retains the capacity to establish their own residence. A minor whose marriage has been annulled must be treated as an unmarried minor since, for all intents and purposes, a marriage has not occurred.
- If the minor lives alone, they take the residence status of the parent with whom they last lived.
- If both parents are deceased and there is no court-appointed guardian, then the minor may establish residence as though they were an adult.
- The residence of an unmarried minor who has a living parent cannot be changed by the minor's own act, by the appointment of a legal guardian, or by relinquishment of a parent's right of control.
- A student who has been adult for less than a full year (is under 19 years of age) may under certain circumstances combine the immediate pre-majority derived California residence with the immediate post-majority California residence to satisfy the one year necessary for residency classification.
Financial hardship cannot be considered in evaluating California residency for the purpose of in-state fee eligibility.
Residency Status of a Spouse or Domestic Partner
A student cannot derive residency status from their spouse or domestic partner.
Admissions & Records Office
Building 1600, Second Floor
Please send all Admissions and Records inquires via email.
Spring 2024 Office Hours
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