California Resident

Title 5, California Code of Regulations (CCR), Sections 54020-54024

54020:

In order to establish a residence, it is necessary that there be a union of act and intent. To establish residence, a person capable of establishing residence in California must couple his or her physical presence in California with objective evidence that the physical presence is with the intent to make California the home for other than a temporary purpose.

54022:

(a) A person capable of establishing residence in California must be physically present in California for one year prior to the residence determination date to be classified as a resident student.

(b) 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.

(c) Physical presence within the state solely for educational purposes does not constitute establishing California residence regardless of the length of that presence.

54024:

(a) Intent to make California the home for other than a temporary purpose may be manifested in many ways. No one factor is controlling.

(b) 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 the 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 subdivision (f)

(c) A student who is under 19 years of age shall be presumed to have the intent to make California the home for other than a temporary purpose if both the student and his or her parent have maintained a home in California continuously for the last two years unless the student has evidenced a contrary intent by having engaged in any of the activities listed in subdivision (f).

(d) A student who does not meet the requirements of subdivision (b) or subdivision (c) shall be required to provide evidence of intent to make California the home for other than a temporary purpose as specified in subdivision (e).

(e) 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. Active membership in service or social clubs.

5. Presence of spouse, children or other close relatives in the state.

6. Showing California as home address on federal income tax form.

7. Payment of California state income tax as a resident.

8. Possessing California motor vehicle license plates.

9. Possessing a California driver’s license.

10. Maintaining permanent military address or home of record in California while in armed forces.

11. Establishing and maintaining active California bank accounts.

12. Being the petitioner for a divorce in California.