TN 2 (05-11)
GN 01733.145 Exception to Section 202(t)(11) Alien Nonpayment Provision for Dependents and Survivors under the Luxembourg Agreement
A. Alien nonpayment provision
Section 202(t)(11) requires certain non-U.S. citizen dependents and survivors who have been outside the U.S. for more than 6 months to satisfy the 5-Year Residency requirement in order to receive benefits.
See RS 02610.025 and RS 02610.030.
However, dependents and survivors who are citizens of Luxembourg, regardless of where they reside, and dependents and survivors who are residents of Luxembourg, regardless of their citizenship, are not required to meet the 5-year U.S. residency requirement.
NOTE: The exception also applies to the additional requirements for adopted children. See RS 02610.030.
B. Does not meet 5 year residency
If a non-U.S., citizen dependent or survivor does not meet the 5-year residency requirement and alleges citizenship or residency of Luxembourg, develop citizenship or residence status.
GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the United States
GN 01702.230, Evidence of Residence
RS 02610.025, 5 Year Residency Requirement for Alien Dependents and Survivors Outside the United States (U.S.)
RS 02610.030 5 Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent