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Can my daughter have her 18th birthday in California and qualify for CA in state residency at UCLA?

Mount Prospect, IL |
Filed under: Education law

I understand minors who have their 18th birthday in California with one of their parents living in CA at the time will qualify for in state fees. I understand that this is true even if the parent leaves the state after the daughter's 18th birthday. what do we need to do to do this if this is possible for our 17 year old daughter currently living with us in IL?

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Attorney answers 1


I don't think the info you have given is correct.
Here is the general rule, from the UC Board of Regents:

A.General Rule: To be classified a CA resident for purposes of tuition and fees, an adult student and/or parent(s) ... must have established a primary and permanent domicile in California and relinquished all ties to their past place(s) of residence for more than one year (at least 366 days). The 366 days must immediately precede the residence determination date of the term the student proposes to attend the University. Students may have to demonstrate financial independence.
B.Elements of Residence: Residence can be established or changed only by the union of physical presence and intent. Physical presence alone is insufficient; intent alone is insufficient.
1. Physical Presence
The act necessary to establish residence is physical presence in California. An adult student (and/or the student’s parent(s)) must be physically present in California for more than a full year. Residence may not be established in absentia and it must be established (and the prior residence relinquished) for at least 366 days. The 366 days must be immediately prior to the residence determination date for the relevant term. Physical presence in California solely for educational purposes within California does not constitute the establishment of California residence, regardless of the length of stay.
2. Intent
Intent to make California one’s permanent home is a required element of residence for purposes of tuition and fees. Although physical presence and intent must be established simultaneously (366 days prior to the first day of the term the student is seeking a resident classification), intent is evaluated separately from physical presence. Intent requires the residence deputy to assess the totality of the individual’s conduct and circumstances.
To prove California is their primary and permanent home, the student and/or parent(s) must obtain legal indicia of intent, as well as other indicia of intent, immediately after entering California and demonstrate that all legal ties to their past place of residence have been relinquished. Legal ties established with the State of California will be given greater weight than other indicia.
Individuals who fail to establish legal ties with the State of California or fail to relinquish ties to their former place of residence will be presumed to be in California solely for educational purposes.
Students who continue to hold out-of-state legal indicia may be denied a resident classification for that term.

You may want to do an in-depth review of these sites: (Student Information California Residence for Purposes of Tuition and Fees) and (University of California RESIDENCE POLICY and GUIDELINES 2012 – 2013 Academic Year)

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