By state law Ohlone College is required to obtain evidence from students of physical presence in California and of their intent to make California their home state for other than a temporary period. Students who have lived in California for less than two years at the time of application will be required to present documentation of their physical presence in California for one year and a day prior to the first day of the term and of their intent to make California their home.
Explanation of Physical Presence
A person capable of establishing residence in California must be physically present in California for one year and a day prior to the residence determination date to be classified as a resident student. The residence determination date is the day immediately preceding the opening day of instruction for the semester, regardless of the first day of instruction for a specific course or program.
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 the intent. Additional documentation may be requested for students absent from California for business, education, or pleasure in order to demonstrate intent.
Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.
Non-residents of California will be required to pay the nonresident tuition fee.
Residency regulations may be found in sections 54000-54060 of Title 5 of the California Code of Regulations.
Students who are not United States citizens may be required to verify their immigration status. For this reason, non-citizens are asked to submit their documents in person at the Office of Admissions and Records. Students should be prepared to present a passport, permanent resident card, or other documentation (for example, notice of action or receipt thereof) that will demonstrate their immigration status.
Students who are not United States citizens may be considered a California resident for tuition purposes. To qualify, a person must be in a status eligible for residency and must have resided continuously in California for at least one year and one day prior to the first date of the term. Evidence must be provided to indicate that the person intends to make California his/her permanent home. The residence of an unmarried minor is that of the parents or legal guardian. The residence determination date is one year and one day before a term begins for which the person is applying for admission. It is the student’s responsibility to clearly demonstrate both physical presence in California and intent to establish California residency.
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
Students who hold or wish to obtain the F-1 Student Visa to visit the United States for the purpose of study should apply for admission to Ohlone College through the International Programs and Services Office.
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