Physical Presence and Intent

Residence Determination Factors:
  1. Physical presence in California one year prior to the residency determination date. The residence determination date is the day before classes begin. The one year period begins when you are not only present in California but also have demonstrated clear intent to become a permanent resident of California.
  2. Intent to make California your permanent place of residence. A person can only have one permanent place of residence at any given time. Some examples of demonstrated residence are:
    1.  Living in California for two consecutive years
    2. Owning residential property
    3. Registering to vote and voting in California
    4. Obtaining a license from California for professional practice
    5. Holding active membership in service or social clubs
    6. Showing California address on federal tax returns
    7. Having spouse, children or other close relative reside in California
    8. paying California state tax as resident
    9. possessing California driver’s license
    10. possessing California motor vehicle license plates
    11. maintaining California as legal state on Leave and Earnings Statement and W-2 Form while in the armed forces
    12. establishing and maintaining active California bank accounts
    13. being a petitioner for divorce in California
  3.  Examples of conduct inconsistent with a claim of California residency:
    1. maintaining voter registration in another state
    2. being a petitioner for divorce in another state
    3. attending an out-of-state institution as a resident of that state
    4. declaring non-residency for state income tax purposes
    5. maintaining a driver’s license and/or vehicle registration in another state


Last modified on October 20, 2015