Legal Residency and Fees
Students are classified as residents or nonresidents after completing the Statement of Legal Residence shortly after being admitted to the university. Many graduate students (U.S. citizens, permanent residents, and some eligible non-immigrants) who enter UC Berkeley as nonresidents and establish residency for the required year may be classified as residents for tuition purposes within one year after their arrival. These students then receive the benefit of paying fees at the lower resident rate.
The classification process is not automatic. Continuing nonresident students who have made California their permanent home and believe that they are eligible for resident status must submit a residency classification petition, along with supporting documentation, to the Residence Affairs Office prior to established deadlines. Even though nonresident students will probably not submit a petition to change their residency status until the end of their first academic year at Berkeley, you must start the process of fulfilling the residency requirements as soon as you arrive. This includes documenting when you arrived, that your year of physical presence in this state is coupled with your intent to make California your home, and that you are financially independent.
What should you do once you arrive in California?
Document your presence in the state as soon as you arrive. Save your airline ticket or bank/credit card statements showing that you were physically present in California one year prior to the beginning of the term for which you are seeking resident classification.
Establish a California residence in which you keep your permanent belongings.
Obtain a California Drivers License within 10 days of arriving in California. If you have never had a drivers license in any state, obtain a California State Identification Card.
Surrender all out-of-state drivers license and identification cards.
Register your vehicle(s) in California within 20 days of arriving in the state.
Register to vote in California, and vote in California elections.
- Pay California income taxes as a resident on all taxable income earned after your arrival in California, and file California resident or part-year resident tax returns.
- File nonresident or part-year resident out-of-state tax returns if you have out-of-state taxable income prior to arriving in California.
- Designate and use a California address as your permanent address on all records (e.g., school, employment, tax forms, military, etc.).
- Open a California bank account and close all out-of-state accounts. If your financial account is with an interstate or internet bank, change your permanent address to California.
- Remaining in California during non-academic periods is a strong indicator of your intent to make California your home. You will be required to document that you were physically present in California for at least 2 of the 3 months during the summer previous to the term for which you are petitioning for residency.
Financial independence is another factor in determining eligibility for residency for tuition purposes. If you will be over the age of 24 during the year that you are petitioning for resident status, then you have fulfilled the financial independence criterion. Otherwise, you should do the following:
- Claim yourself as a tax exemption on your state and federal tax returns, and make sure no other individual claims you as a tax exemption on his/her tax returns; or
- Work as a GSI/GSR at least 49 percent time for the semester for which you are petitioning for residency.