Section 202(t)(11) of the Social Security Act requires certain non-U.S. citizen dependent
and survivor beneficiaries who have been outside of the United States for more than
six consecutive calendar months to satisfy a five-year U.S. residency requirement
in order to receive benefits. During this five-year U.S. residency, the dependent
or survivor must have been in a family relationship with the number holder (NH).
Under the terms of the Totalization Agreement with Switzerland, alien dependent and
survivor beneficiaries who are Swiss citizens, refugees or stateless persons, and
who are residing in Switzerland can receive U.S. Social Security benefits for which
they qualify even if they do not meet the five-year U.S. residency requirement. This
applies to both "ordinary" and Totalized benefits.
If an alien dependent or survivor beneficiary who is a Swiss citizen, a refugee or
a stateless person does not meet the five-year U.S. residency requirement and alleges
that they are a resident of Switzerland, develop for Swiss citizenship or residence