The FO should develop for U.K. citizenship and residence status for a non-U.S. citizen
dependent or survivor.
Generally, we do not pay benefits to dependents and survivors who have been outside
the United States for more than six months and who first became eligible for the benefits
after 1984 (P.L. 98-2 section 340), unless they satisfy certain U.S. residency requirements
(five-year residency rule).
This requirement is based on the provisions of section 202(t)(11) of the Social Security
Act. During this five-year residency, the dependent or survivor must have been in
a family relationship with the number holder (NH). If a non-U.S. citizen dependent
or survivor does not meet the five-year residency requirement and alleges U.K citizenship,
develop for U.K. citizenship or residence status.
Section 202(t)(11)(E) of the Act exempts citizens or residents of a country with which
the United States has a Totalization agreement from the five-year U.S. residency requirement,
unless the agreement includes a limitation on the exemption. The U.S.- U.K. agreement
does not contain a limitation on this exemption.