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myownwoman
Joined: 26 Feb 2011 Posts: 25 Location: CA
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Posted: Fri Dec 09, 2011 9:56 pm Post subject: How can I maintain CA Residency while living in Asia? |
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Hello all, I am planning to teach abroad next fall. However I want to maintain my residency in CA. I am going to apply to grad school for a Masters/Credential in Elementary Education in CA. I can take the program online with the exception of the practicum of course.
I hope the more seasoned/experienced people can help me out here.
Thank you so much and Happy Holidays!  |
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natsume
Joined: 24 Apr 2006 Posts: 409 Location: Chongqing, China
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Posted: Fri Dec 09, 2011 10:50 pm Post subject: |
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Go to your university website and see what their requirements are for "residency for purposes of tuition", or something to that effect. It varies by institution, but generally it means maintaining a permanent address in CA, maintaining a CA bank account, staying registered to vote and voting absentee in CA, having a current CA drivers license, and paying CA taxes on your foreign earned income.
The burden of proof will be on you, and there are no guarantees that you will indeed be granted residency. It will be entirely up to the discretion of the residence deputy at your university. I would contact them now to check their specific requirements and to discuss your situation.
Sorry, I wasn't happy to hear all about this when I did my research either. I think it may be doable if you are only away for a year or two. I did all of the above, including the tax part, as I had planned and still plan on returning to CA for grad school. I wound up staying in Japan for five years, and it became apparent that it would be a stretch to claim my absence as "temporary" after all this time. I will still be eligible for in-state tuition, as I attended a CA high school (AB540), but I will not be eligible for state financial aid. Will have to go for federal, and possibly private loans (don't want to), and hopefully a grant or scholarship if possible. |
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SahanRiddhi
Joined: 18 Sep 2010 Posts: 267
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Posted: Fri Dec 09, 2011 11:22 pm Post subject: |
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I may not be Noah Webster, but I can go to dictionary.com.
res�i�den�cy/ˈrez(ə)dənsē/
The fact of living in a place.
Unless you live in a different space-continuum than I do, not sure how you are going to accomplish this in two places at once. I can't speak for other posters, but I, for one, am not about to help you commit fraud. |
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johnslat

Joined: 21 Jan 2003 Posts: 13859 Location: Santa Fe, New Mexico, USA
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Posted: Fri Dec 09, 2011 11:31 pm Post subject: |
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You don't have to "break any laws."
How to Maintain California State Residency While Living or Working Abroad
By James McElroy, eHow Contributor updated March 27, 2011
Print this article
Californians who work or live abroad must take care to protect their residency while out of the country to maintain their rights as residents of California. California has established rules about what constitutes residency in the state. Comply with these requirements to maintain your California residency while you live or work abroad.
Related Searches:
Residency DivorceExpatriate Tax
Difficulty: Moderately Easy
Instructions
1. Pay your California state taxes. The California Franchise Tax Board states that as a resident of the state, you owe California taxes on all of your income, even if it was earned abroad. State universities consider whether you have paid California taxes when they decide whether you qualify for in-state tuition.
2. Use a California address. Give employers and educational institutions a California address for correspondence. This helps establish your intent to return to California when you are done working or living abroad.
3. Vote in California and keep your California voter's registration current. Use an absentee ballot if you must. This will help establish that you have not left the state permanently.
4. Return to California during vacations. State law says you are a California resident if the state is the place you expect to return to after an absence. If you return to California when you can, it will help establish the California as the place where you have the most ties.
Read more: How to Maintain California State Residency While Living or Working Abroad | eHow.com http://www.ehow.com/how_8122426_maintain-residency-living-working-abroad.html#ixzz1g5FIAGZi
Regards,
John |
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naturegirl321

Joined: 04 May 2003 Posts: 9041 Location: home sweet home
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Posted: Sat Dec 10, 2011 5:51 am Post subject: |
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Check the difference between domicile and residency. I know with
a library card
bank account
active voter's registration, that i've never used and can't find
driver's license
my parents' address
I have domicile in IL. I'm just hoping that I don't have residence as that would mean I'd have to pay state taxes. There's no black and white either, it's more like shades of grey.
I'm pretty sure if you keep paying state taxes that would help your case. |
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mackayscanland
Joined: 15 Mar 2009 Posts: 39
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Posted: Sat Dec 10, 2011 6:30 am Post subject: |
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Or you can pay my rent! (the address comes with it)LOL, just kidd'n
I will be doing my M.Ed and single subject cred. at Azusa Pacific in Sept.
(I'm finishing my B.A. in May)
I might have some ideas for you. You can PM me.
Mac |
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myownwoman
Joined: 26 Feb 2011 Posts: 25 Location: CA
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Posted: Sat Dec 10, 2011 7:16 pm Post subject: |
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Wow thanks for your all replies. I really appreciate this so much.
I went to the CA Franchise Tax Board and discovered this:
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An absence from California under an employment-related contract for a period of at least 546 consecutive days may be considered an absence for other than a temporary or transitory purpose. . See Safe Harbor under Section E for more information. |
Website: http://www.ftb.ca.gov/forms/2010/10_1031.pdf
I am looking at grad schools in CA, OR, MA, and NY right now. I am thinking of either staying in Asia for 1-2 years. If I do stay for 2 years that will of course be more than 546 consecutive days. Therefore will I be considered a nonresident then?
I will have to sort this out soon before I go lol. This is already giving me a headache.
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rtm
Joined: 13 Apr 2007 Posts: 1003 Location: US
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Posted: Sat Dec 10, 2011 7:25 pm Post subject: |
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myownwoman wrote: |
If I do stay for 2 years that will of course be more than 546 consecutive days. Therefore will I be considered a nonresident then? |
If you come back and visit once in the middle, won't that then not be "an absence from California... for a period of at least 546 consecutive days"? |
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mackayscanland
Joined: 15 Mar 2009 Posts: 39
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Posted: Sat Dec 10, 2011 9:00 pm Post subject: |
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Will you be in Asia during school? ( distant ed. Grad school?)
Do you want to maintain residency in CA and pay OR, MA, NY out of state tuition?
Can you Domicile yourself in CA?
Where are you going, some places have tax waivers!? (still researching this one)
Go to the nearest mailbox place and get yourself an address (not a P.O. Box, but a real numbered address)
I�ve never shown any voter�s info, parent�s address, library card or bank account for residency purposes. (My bank acct. is in AZ, the rest are here)
When I returned to CA from AZ after 15 years, I had to re-establish residency. They asked for 2 items that provided intent (see website). They were sufficed with my driver�s license and rental agreement showing an address in CA. (I did have to wait a year for residency tuition to kick in!)
Here is some info from the website listed below.
Under California law, a person who is married or 18 years of age, or older may establish residency if the person
Is a U.S citizen or is under an INS status that allows them to establish domicile.
Has lived in California continuously for at least one year and one day before the semester begins, and
Can prove that they intend to make California his/her permanent home with concurrent relinquishment of the prior legal residence.
Reference: Education Code Section 68018, 68061, 76140, Title 5 54020, 54022
The Permanent Resident Card holder and the following visa holders may establish domicile and may qualify for instate tuition one year after date of approval: A-1, A-2, A-3, E-1, E-2, G-1, G-2, G-3, G-4, H-1, H-4, I, K-1, K-2, K-3, K-4, L-1, L-2, N-8, N-9, NATO-1 thru NATO-7, O-1, O-3, Q-2, R-1, R-2, S-5, S-6, T, T-1, T-2, T-3, T-4 and V-1, V-2, V-3.
Reference: Education Code Section 68062(h), (i); Title 5 54045, Regents of University of California v. Bradford
The following actions provide intent:
Filed California income Tax Form 540 as a resident. The completed tax form must be shown. (I didn�t have this)
Certificate of employment, a formal letter from employer, or salary records
Registered to vote and voting in California (I didn�t have this, I don�t work)
Ownership of residential property or occupancy of rented or leased property in California (I have this, lease)
License in California for professional practice (I don�t have this)
Possession of a California motor vehicle registration (I didn�t have this)
Establish and maintain active bank accounts in California (I didn�t have this)
Filed a lawsuit in California as a resident (I didn�t have this)
Possession of a California driver's license or ID Card (had to wait a year for in state tuition)
Maintain California as your home of record while in the armed forces (N/A)
Armed forces member, stationed on active duty in California
Military dependent of an armed forces� member, stationed on active duty in California
If you feel you are eligible for in-state tuition based on the above information, you will need to:
If applicable, submit a copy of the current visa (I-94) or INS approval letter (I-130, I-817, I-140)
Complete and submit the California Residency Questionnaire (PDF) and copies of as many documents listed above to support your claim of residency to the Office of Admissions, Records and Enrollment Services.
You will be notified of a decision within 10 working days of when your documents are received.
If you are a CA resident currently attending an out of state college or university you must submit:
From the state or public college/university: a tuition receipt from your most current semester, showing you pay out of state tuition at that college
From the private college/university: a tuition receipt, or your current class schedule, or verification of enrollment.
California AB 540: Special exemption from out-of-state tuition
Due to recent legislation, certain non-residents who have attended a high school (public or private) in California for three or more years and have graduated from a California high school or attained the equivalent in California prior to the Semester, (for example passing the GED or California High School Proficiency exam), may qualify for this exemption.
* Students who hold nonimmigrant visas, [for example, Tourist (B-1, B-2), Foreign Student (F-1), NAFTA (TN & TD) and Exchange Student (J), ect.] are not eligible for this exemption.
If you feel you are eligible for this special exemption, please download, complete *AB540 Affidavit (form), and submit to the Office of Admissions, Records and Enrollment Services.
This site should help! If you need any more help, you can PM me.
Mac
http://www.saddleback.edu/admissions/residency.html |
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Prof.Gringo

Joined: 07 Nov 2006 Posts: 2236 Location: Dang Cong San Viet Nam Quang Vinh Muon Nam!
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Posted: Tue Dec 13, 2011 3:59 pm Post subject: |
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naturegirl321 wrote: |
Check the difference between domicile and residency. I know with
a library card
bank account
active voter's registration, that i've never used and can't find
driver's license
my parents' address
I have domicile in IL. I'm just hoping that I don't have residence as that would mean I'd have to pay state taxes. There's no black and white either, it's more like shades of grey.
I'm pretty sure if you keep paying state taxes that would help your case. |
It varies a lot from state to state as well... If it wasn�t confusing enough as it is. |
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