In order to meet the University of California residency requirements, graduate students must be in an eligible immigration status and satisfy the “Physical Presence” and “Intent to Remain in California” requirements by the residence determination date, which is the first day of instruction.
If you are a continuing nonresident graduate student and wish to apply for a resident classification for an ensuing term, you must submit a Statement of Legal Residence (SLR) by that semester’s deadline.
For a list of documents our office may request from you and your parents, you can visit the Forms web page and look at the documents located under Residency.
Please note: While the documents listed under the Residency section of the Forms page are likely to meet the needs of a majority of students who are petitioning, please be advised that additional documentation may still be necessary in some cases (e.g. immigration documentation, financial independence documentation, etc.).
Eligible Immigration Statuses
See AlsoDegree Requirements - Central Evaluation UnitAcademic Policies | Berkeley Academic GuideDegree Requirements - Central Evaluation UnitTransfer Requirementsadd
- U.S. citizens
- Permanent residents of the U.S. who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction)
- Qualifying nonimmigrant visa holders who have been in that status on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction)
Physical Presence
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You must be physically present in California on a continuous basis for at least 366 days immediately prior to the residence determination date (the first day of instruction).
- Residence may not be established in absentia and the prior residence must have been relinquished.
- You must be able to demonstrate by clear and convincing evidence that you have been continuously physically present in California.
- During the 366-day period, you can be absent from California for a total of six weeks. If you exceed six weeks of absence, a resident classification will not be granted.
If you are a continuing graduate student, the Residence Affairs Unit will require documentation to verify your date of arrival in California and request evidence of your presence in California during summer and holiday breaks (if needed).
Sample documents we will request include:
Arrival Date Documents
- Plane tickets
- Flight confirmations
- Bank or credit card statements
Keep bank account/credit card statements and pay stubs for nonacademic periods; please make sure they include your name and are not joint accounts.
Summer Physical Presence Documents
- Signed California employment offer
- Summer Session registration
- Letter from your department verifying academic/research for the summer
- Letter from your supervisor verifying your employment for the summer
- Bank account/credit card statements showing clear and consistent transactions made in California
- Pay stubs
Summer Outside of California
If you are required to conduct research, intern, or be employed outside of California, this will not count toward the six-week period of absence. The Residence Affairs Unit will need a confirmation letter from either your supervisor, adviser, or academic department. However, if you return back to your original place of residence for employment opportunities, this will be highly scrutinized.
Intent to Remain in California
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You must establish legal ties to California by acquiring all applicable governmental evidence of intent by the relevant deadlines, and relinquishing ties to your previous place of residence:
- Obtain a California Driver's License or State Identification card by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register a vehicle in California (if vehicle is owned and used in California) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- Register to vote in California (if registered to vote in previous state of residence) by the deadline. Please refer to the UC Residency Policy for each semester's specific grace period deadlines.
- File California state income tax returns as a resident or part-year resident on all taxable income earned in or out of the state after arriving in California
- File out-of-state income tax returns as a nonresident or part-year resident on income earned prior to arriving in California
Sample documents we will request:
- All state and federal tax returns for the current (or previous) tax year
- W-2s for the current (or previous) tax year (including those from your previous state of residence)
- California Driver's License or State Identification card
- California vehicle registration (if you own and currently drive your vehicle)
- California voter's registration (for example, a copy of your voter's registration card or screenshot of your online voter registration status)
You may file a California Part-Year Resident tax form (540NR) your first year; Schedule 540NR indicates your dates in California. If you earned income out-of-state before your arrival, we recommend filing a part-year resident or nonresident return in your previous state.
Note: If you do not relinquish out-of-state ties and establish California legal ties by the deadlines, you may not be classified as a resident for tuition purposes when you apply for residency.
*Intent is not limited to terms listed here.
