TN 3 (04-04)
GN 01721.145 Exception to Section 202(t)(11) Alien Nonpayment Provision for Dependents and Survivors under the Spanish Agreement
Dependents and survivors benefits generally may not be paid to aliens who have been outside the United States for more than 6 months and who first became eligible for benefits after 1984, unless they satisfy certain U.S. residency requirements (5-year residency rule).
As explained in GN 01701.150A.2., citizens or residents of a country with which the U.S. has a Totalization agreement are exempt from these requirements unless an agreement includes a limitation on the exemption. The U.S.-Spanish agreement does not contain a limitation. Therefore, Spanish citizens, regardless of where they reside, and residents of Spain are exempt from these requirements.
If an alien dependent or survivor, who does not meet the 5-year residency requirement, alleges he or she is a citizen or resident of Spain, develop citizenship or residence status.