Residency Reclassification

Residency is determined at the time a student submits an admissions application to College of the Desert.

Students who have been classified as nonresidents are not automatically reclassified as residents. It is the responsibility of the student to request reclassification to residency status.

A Residency Reclassification request must be accompanied by documentation verifying the student’s physical presence coupled with intent to become a California resident and/or evidence of financial independence. Title 5 54026 clearly states that the burden is on the student to demonstrate both physical presence in California and intent to establish California residence. Failure to provide requested residency information will result in a determination of non-resident.

Non-resident students pay both the per unit enrollment fee and the per unit non-resident tuition fee. Out of country non-resident students also pay an additional per unit surcharge. Current non-resident tuition and out-of-country surcharge rates can be found on the Tuition and Fees page.

The Residency Reclassification Request along with required documentation must be submitted to the Admissions & Records Office before the start of the term and by the deadline published in the schedule of classes to be considered for a residency adjustment. Residency reclassification requests submitted after the start of the term may be considered for the next term.

Student must meet the 1 year and 1 day physical presence (Ed.Code 6801, 68070; Title 5 54022) and intent (Ed. Code 68041; Title 5 54024) requirements for residency to be reclassified.

The Residency Reclassification request is available online. Questions regarding residency should be directed to the Admissions & Records Office at enrolls@collegeofthedesert.edu. 

If you do not have the required documentation the state requires for residency determination by the College, you will need to pay the out-of-state fees and/or drop your classes before the term begins so you are not responsible to pay the fees. Failure to drop classes before the term begins and/or by the published course deadlines may result in you paying nonresident fees. This is a state audited item and fees cannot be changed. NOTE: If you are applying and enrolling during the first week of the term, you may be responsible for fees due regardless of residency. 

Applicants who are not U.S. citizens may need to provide proof of immigration status.

Applicants who are U.S. citizens but have resided in California for less than two years must provide proof of:

• Evidence of Intent to become a California resident (1 year and 1 day prior to the residence determination date)
• Physical presence in California (1 year and 1 day prior to the residence determination date)
• Financial independence.

A student seeking reclassification as a resident, who was classified a nonresident in the preceding term, shall be determined to be financially independent or dependent in 
accordance with Education Code section 68044 and title 5 section 54032. 

A student who has established financial independence may be classified as a resident if the student has demonstrated clearly physical presence and intent to be a California resident for 1 year and 1 day prior to the residence determination date.

In determining whether the student has objectively manifested intent to establish California residence, financial independence shall weigh in favor of finding California residence, and financial dependence shall weigh against finding California residence.

Financial dependence in the current or preceding calendar year shall weigh more heavily against finding California residence than shall financial dependence in earlier calendar years. Financial dependence in the current or preceding calendar year shall be overcome only if (1) the parent on whom the student is dependent is a California resident, or (2) there is no evidence of continuing residence in another state.

A person capable of establishing residence in California must couple their physical presence in California with objective evidence that the physical presence is with the intent of making California their permanent home. The burden is on the student to demonstrate clearly both physical presence in California and intent to establish California residence. The following explanations will assist in determining physical presence and intent.

Physical Presence (Ed. Code 68017, 68070; Title 5 54022)

1. A person capable of establishing residence in California must be physically present in California for one year and one day prior to residence determination date to be classified as a resident student.
2. A temporary absence for business, education, or pleasure will not result in loss of California residence if, during the absence, the person always intended to return to California and did nothing inconsistent with that intent.
3. Physical presence within the state solely for educational purpose does not constitute establishing California residence regardless of the length of that presence.

The eligible student must be physically present in the State of California for one (1) year prior to the start of the term for which they are applying or enrolling for. The one-year period begins when the student is not only present in California but also has demonstrated clear intent to become a permanent resident of California. Students will be required to provide proof of continuous presence in California for the past (12) months. This may be accomplished by providing a rental/lease agreement, utility bills, employment pay stubs, etc. for the past (12) months in the student's name.

Evidence of Intent (Ed. Code 68041; Title 5 54024)

1. Intent to make California the home for other than a temporary purpose may be manifest in many ways. No one factor is controlling.
2. A student who is 19 years of age or over and who has maintained a home in California continuously for the last two years shall be presumed to have the intent to make California home for other than a temporary purpose unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subsection (f) of this section.
3. A student who is under 19 years of age shall be presumed to have the intent to make California home for other than a temporary purpose if both the student has evidenced a contrary intent by having engaged in any of the activities listed in subsection (f) of this section.
4. A student who does not meet the requirements of subsection (b) or subsection (c) of this section shall be required to provide evidence of intent to make California home for other than a temporary purpose as specified in subsection (e) of this section.
5. College of the Desert requires a minimum of 3 documents evidencing support for California residence, including filing California state taxes and California driver's license/state ID. One year and one day evidence must be clearly demonstrated by two of the three documents. Objective manifestations of intent to establish California residence include, but are not limited to:
   1. Ownership of residential property or continuous occupancy of rented or leased property in California.
   2. Registering to vote and voting in California.
   3. Licensing from California for professional practice.
   4. Presence of spouse, children, or other close relatives in the state.
   5. Payment of California state income tax as a resident.
   6. Maintaining California motor vehicle license plates/registration.
   7. Maintaining a California driver’s license or California ID.
   8. Maintaining a permanent military address or home of record in California while in the armed forces.
   9. Establishing and maintaining active California bank accounts.
   10. Being the petitioner of divorce in California.
   11. Remaining in California during academic breaks.
   12. Registering for the Selective Service in California (indicating California address).
6. Conduct inconsistent with a claim of California residence includes, but is not limited to:
   1. Maintaining voter registration and voting in another state.
   2. Being the petitioner for a divorce in another state.
   3. Attending an out-of-state educational institution as a resident of that other state.
   4. Declaring nonresidence for state income tax purposes; paying taxes in another state or country as a resident of that state or country or not fulfilling tax obligations to the State of California.

Supporting documentation consists of three proofs of residency demonstrating physical presence and intent. Two items must be dated at least one year and one day prior to the start of the term for which you are applying for. These items must not be older than two years prior to the start of the term. The third item must show that the student is currently a resident of California.

Exceptions to the residency determination as set forth above will be applied to qualifying and document supported situations. If the student would otherwise be classified a non-resident but fits within one of the following exceptions and is able to provide proof of eligibility, he or she will be granted a waiver of non-resident tuition charges and fees and will be charged the CA resident rate while maintaining non-resident classification status.  

Examples of some, but not all, exceptions are:

• Military Students Stationed in California (Ed. Code 68075; Title 5 section 54042)
• Dependents of Active Duty Military Members (Ed. Code 68074 and Title 5 section 54041)
• Discharged Members of the Armed Forces (Ed. Code 68075.5 and Title 5 section 54041)
• Nonresident Veterans (Title 38, U.S. Code 3679(c); Ed. Code 68075.5 and 68075.7)
• A student who has been hired by a California public agency as a peace officer as a resident for purposes of enrollment in police academy training courses (Ed. Code 76140.5).
• Foster Youth
• Qualifying surviving spouse or child of a licensed physician/nurse or first responder who died of COVID-19 during the COVID-19 state of emergency in California and was a California resident. (AB 1113)
• Qualifying students residing in the named communities in Nevada attending Lake Tahoe Community College (SB 436)

Students that are in the United States with a visa that allows establishment of residency must fulfill the one year physical presence and intent requirements listed above. Students with a visa that precludes establishment of residency, will be charged the California enrollment fee plus non-resident fees and an out-of-country surcharge. International Student in F-1 visa status must contact the International Education Office to obtain critical admission requirements.