Establishing CA residency for tuition

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JJDancer
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Establishing CA residency for tuition

Postby JJDancer » Sat Nov 13, 2010 7:07 pm

I hope to attend LS in CA, probably a public institution.
I plan on making CA my permanent home for at least 5-6 years.
This is a pretty specific question.

I understand that one must be instate for 366 days prior to the filing deadline to change their residency to California. (Show intent to reside there by not leaving during breaks etc.)

But I'm iffy on the financial independence part. The rules state that this is something that is enough to determine financial independence
"the student is at least 24 years of age by December 31 of the calendar year for which resident classification is requested "

Let's assume I move to California and start living there in June 2011
Let's assume I attend a UC institution for the Aug 2011- May 2012 school year and pay out of state tuition.
By June 2012 I will be able to to do this: A continuing nonresident student who wishes to be classified as a California resident must file the petition by the deadline for the applicable term. The petition for the appropriate term is available online, during the month shown below for the applicable term. Fall Term -- June petition available.

I assume my parents (who are not CA residents) will be claiming me as dependent on their taxes during law school.

However I will be 24 by Dec 31 2012 (by June 2012). Does that mean I can claim residency for 2012-2013, and 2013-2014 school years?
Even though I may be dependent on non-CA residents?

Sorry if this is an annoyingly long and confusing post.

Thanks for any insight!

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General Tso
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Re: Establishing CA residency for tuition

Postby General Tso » Sat Nov 13, 2010 7:11 pm

I don't think financial independence requires you to be 24+. I think that says that you will be presumed to be financially independent if you are 24+.

If you can show that your parents have not claimed you as a dependent and that you have had full time employment + independent lease on apartment + drivers license/voters registration/etc. + 366 days in CA, I think you will have residency.

Worked for me at least. But then again I was 24+ at the time I applied.

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vegenator
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Re: Establishing CA residency for tuition

Postby vegenator » Sat Nov 13, 2010 7:17 pm

I thought that all graduate/professional students are automatically considered independent, regardless of age and/or actual dependency on parents.

I was younger than 24 in grad school (though married) and was able to get CA residency fairly easily. As suggested above, copies of voter reg., CA driver's license, copy of your CA lease etc. should be sufficient.

JJDancer
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Re: Establishing CA residency for tuition

Postby JJDancer » Sat Nov 13, 2010 7:27 pm

General Tso wrote:I don't think financial independence requires you to be 24+. I think that says that you will be presumed to be financially independent if you are 24+.

If you can show that your parents have not claimed you as a dependent and that you have had full time employment + independent lease on apartment + drivers license/voters registration/etc. + 366 days in CA, I think you will have residency.

Worked for me at least. But then again I was 24+ at the time I applied.


I think you misunderstood me. I know that I can fulfill the drivers license/voter stuff. But I am unsure on qualifying as financially independent. I WILL be 24+, so that's not the issue. The issue is that my out of state parents will claim me as dependent.
Does being 24+ off-set that fact abt my parents and still qualify me as "independent" for residency/tuition purposes?

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General Tso
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Re: Establishing CA residency for tuition

Postby General Tso » Sat Nov 13, 2010 7:31 pm

why are your parents still claiming you as a dependent at age 24?

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled. IRS defines permanent and total disability as cannot engage in any substantial gainful activity because of a physical or mental condition and a doctor determines the condition has lasted or can be expect to last continuously for at least a year or can lead to death.

JJDancer
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Joined: Sun Jul 26, 2009 7:41 pm

Re: Establishing CA residency for tuition

Postby JJDancer » Sat Nov 13, 2010 7:37 pm

General Tso wrote:why are your parents still claiming you as a dependent at age 24?

2. The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled. IRS defines permanent and total disability as cannot engage in any substantial gainful activity because of a physical or mental condition and a doctor determines the condition has lasted or can be expect to last continuously for at least a year or can lead to death.


Well the issue is that the year that I would spend paying out of state tuition (and using to establish residency), I would be 23 and a full time student.

I guess I would just tell my parents not to claim me?

JJDancer
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Re: Establishing CA residency for tuition

Postby JJDancer » Sun Nov 14, 2010 2:23 pm

--LinkRemoved--
Ok so this says ONE or MORE of the requirements must be fulfilled. So being 24 "by December 31 of the calendar year for which resident classification is requested" seems to be enough, even if my parents claim me the year before.

Thanks for your help all.




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