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California - Residency and the 10 day rule for licenses

California - Residency and the 10 day rule for licenses

Old Aug 27th 2009, 6:05 am
  #16  
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Default Re: California - Residency and the 10 day rule for licenses

From the California DMV official site:


If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents




Now, according to this definition I am not yet a Californian resident, as I have not yet used a 'privilege'.

So if I rent a car for whatever reason, and the cops pull me over, what's the deal? My UK driving license, which I am using to rent the car, is not in any way tied to the house in California I am currently living in.

I have already rented a car several times with no problems whatsoever at the rental place.

So what's the official deal?
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Old Aug 27th 2009, 6:16 am
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Default Re: California - Residency and the 10 day rule for licenses

or any other privilege or benefit not ordinarily extended to nonresidents


I'd venture it all depends on what they consider a privilege or benefit not usually extended to a non-resident, seems kinda vague in the ways its worded and who knows what all they consider a benefit to being a resident.


If your being paid in California and having state disability deducted I suppose they could consider that a benefit of being a resident since non-residents are not usually covered under California's temp. disability insurance.

California always gotta be so confusing.
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Old Aug 27th 2009, 4:24 pm
  #18  
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post

Now, according to this definition I am not yet a Californian resident, as I have not yet used a 'privilege'.
If you have a lease on a rental place in CA, your resident of CA...unless you have an apartment in a neighbouring state.
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Old Aug 27th 2009, 4:29 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by Bob View Post
If you have a lease on a rental place in CA, your resident of CA...unless you have an apartment in a neighbouring state.
Then why doesn't it say that in the DMV documentation? That would be much more obvious.

If I was renting an apartment for 1 month for a vacation, would that make me a resident?
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Old Aug 27th 2009, 4:39 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
Then why doesn't it say that in the DMV documentation? That would be much more obvious.
I've come to the firm conclusion that all DMV documentation is deliberately vague, in order to create more opportunities for the bastards that work there to mess you about.

If I was renting an apartment for 1 month for a vacation, would that make me a resident?
It would if one of said bastards decided that doing so would piss you off. Conversely, if there was more misery to be had by you being non-resident, they'd view it that way.
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Old Aug 27th 2009, 4:40 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by meauxna View Post
The immigration (Federal) definition of 'resident' is different from the State's definition of 'resident'. As far as the State is concerned, you're a resident there as soon as you set yourself up there (10 days?).
What's your current legal status, and what documents can you use to satisfy California's DMV regulations?

And on top of that the definition of resident for the USCIS defers from the IRS definition of resident.
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Old Aug 27th 2009, 4:41 pm
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Default Re: California - Residency and the 10 day rule for licenses

Curious where you found this nugget of information. Have you checked out the California's DMV's requirements. Many states say if you are a resident for 30 days you must have a state license.


Originally Posted by KnightSaber View Post
Hi,

So ive been told that while awaiting your EAD (which is required for a California Driving License) you can still use your foreign one. However I came across a few topics where people who were in the middle of adjusting status were pulled over and fined over $1000 even though they argued they couldn't get a US license yet and weren't technically residents, but the cop said the fact that they were in a US residence for over 10 days showed they were for California purposes.

Unfortunately they accepted a plea bargain so its never come before a judge.

If this is true that means that a 45-80 day gap exists where you can't drive!
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Old Aug 27th 2009, 5:39 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by Bob View Post
technically, yes because they'll have to drive you away if you fail...and double check you are allowed to do a test in a rental, not all states will allow it.
When I went for my test in California, I went alone with my UK driving license. You don't need anyone with you, if you have a driving license from another country it is only if you are not legally allowed to drive on your own that you need to take someone with you.

My husband went on his own, and failed, they were fine for him to drive away on his own even then.
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Old Aug 27th 2009, 6:11 pm
  #24  
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by N1cky View Post
You don't need anyone with you, if you have a driving license from another country it is only if you are not legally allowed to drive on your own that you need to take someone with you.
I don't quite understand that. Am I legally allowed to drive on my own or not?
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Old Aug 27th 2009, 7:33 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
I don't quite understand that. Am I legally allowed to drive on my own or not?
If you hold a license from the UK you are legally allowed to drive anywhere in the world without anyone else in the car with you.

For California law, you must have a Californian driving license.

You just don't need someone to go and hold your hand at the DMV.

I guess they write the handbook with the assumption that most people taking their test are teenagers and have never held a driving license, therefore cannot drive on their own until they pass the CA test. So need someone with them to drive home with them should they fail.
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Old Aug 27th 2009, 7:35 pm
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Default Re: California - Residency and the 10 day rule for licenses

Hi Guys

I need to get advice on this too

We arrived in CA 29th June. I have my written test booked for 15th Sept. What do I need to do now to get myself and my wife legal to drive?

Can I pop into the local DMV to get a 'paper' license until I pass?
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Old Aug 27th 2009, 7:38 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by caleyjag View Post
From the California DMV official site:

If you become a California resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner’s property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents


Now, according to this definition I am not yet a Californian resident, as I have not yet used a 'privilege'.

So if I rent a car for whatever reason, and the cops pull me over, what's the deal? My UK driving license, which I am using to rent the car, is not in any way tied to the house in California I am currently living in.

I have already rented a car several times with no problems whatsoever at the rental place.

So what's the official deal?
Presumably holding a job in CA is a privilege or benefit not ordinarily extended to nonresidents
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Old Aug 27th 2009, 7:48 pm
  #28  
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Default Re: California - Residency and the 10 day rule for licenses

Not just teenagers but anyone with only a learner's permit and no driver's license from another state, country, etc.

Originally Posted by N1cky View Post
If you hold a license from the UK you are legally allowed to drive anywhere in the world without anyone else in the car with you.

For California law, you must have a Californian driving license.

You just don't need someone to go and hold your hand at the DMV.

I guess they write the handbook with the assumption that most people taking their test are teenagers and have never held a driving license, therefore cannot drive on their own until they pass the CA test. So need someone with them to drive home with them should they fail.
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Old Aug 27th 2009, 7:49 pm
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by goalieadam View Post
Hi Guys

I need to get advice on this too

We arrived in CA 29th June. I have my written test booked for 15th Sept. What do I need to do now to get myself and my wife legal to drive?

Can I pop into the local DMV to get a 'paper' license until I pass?

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Are you a better driver than the average Yank?
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Old Aug 27th 2009, 8:38 pm
  #30  
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Default Re: California - Residency and the 10 day rule for licenses

Originally Posted by N1cky View Post
Presumably holding a job in CA is a privilege or benefit not ordinarily extended to nonresidents
Is that right? I had the job in California, and was getting paid in California, long before I got the visa that enabled me to move to the United States.

You can get paid in California and not live there.
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