getting addmission and fees issues related to residency of a state?

Question

Hello Friends, I am a USA citizen and am a Californian tax payer. However, I have sent my son (Also a USA citizen) to India for past 2 years to finish his high school. He will be finishing his 12 th grade in a year. I want him to go to a college in California. Will he be considered as a Californian resident? I am asking this question because in many schools (we are interested in Berkeley) the fees structures are different for residents and non residents of California. Since I am living in California and paying my taxes will my dependent son be treated as a Californian resident also?

Answer 1

If your son is under 18 when he applies to the UC and has last lived with you before going to India (and you were and are now physically located in California), then he is considered to be a California resident.

From the UC Berkeley Registrar:

General Rules Applying to Minors
If you are an unmarried minor (under age 18), the residence of the parent with whom you live is considered your residence ... If you live with neither parent, your residence is that of the parent with whom you last lived.

If your son is over 18 when he applies to the UC but is still financially dependent on you, he can probably claim California residency, but I would check with the Registrar of each campus he applies to.

You can also make a case that his absence from California was "temporary."

Again, from the UC Berkeley Registrar:

If you are a minor student, your residence is determined by the residence of the parent(s) with whom you live or last lived, and you would not lose that residence unless you perform acts inconsistent with a claim of permanent California residence.

Some steps that you (or your parent(s) if you are a minor student) should take to retain resident status for tuition purposes are:

Satisfy California resident income tax obligations. It should be noted that individuals claiming permanent California residence are liable for payment of income taxes on their TOTAL income, including income earned outside the state (abroad or in another state).

Continue to use a California permanent address ON ALL RECORDS (educational, employment, military, etc.).

Attend an out-of-state public institution as a non-resident for the entire period of enrollment there.

Retain your California voter's registration and vote by absentee ballot.

Maintain a California driver's license and vehicle registration. If it is necessary to change your license or registration while temporarily residing in another state, the license MUST be changed back to California within 10 days of the date of return to the state, and the vehicle registration must be changed within 20 days of the date of return.

Return to California during your vacation periods.

Answer 2

I believe that since your son is your dependent, and you are a taxpaying resident of California, he should be considered a resident as well. If he were not a minor, the situation might be different.

It would be very wise to contact the registrar's office at UC Berkeley to determine what documents you must present in order to prove your son's California residency, however.

Best wishes to you, and I wish your son every success!

Answer 3

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