GN 01753.145 Exceptions to Section 202(t)(11) U.S. Residency Requirements for Certain Dependents and Survivors Under the Agreement with the Slovak Republic
A. Policy for U.S. residency requirement
Generally, section 202(t)(11) of the Social Security Act requires certain non-U.S. citizen dependents and survivors who have been outside the United States for more than 6 months to satisfy a 5-year U.S. residency requirement to receive benefits. During this 5-year residence, the dependent or survivor must have been in a family relationship with the number holder (NH). However, section 202(t)(11)E makes an exception for individuals who are citizens or residents of a foreign country with which the U.S. has a Totalization agreement to the extent provided in such an agreement. For Alien Nonpayment Exemptions Under Totalization Agreements see GN 01701.150A.2., for 5-Year Residency Requirements for Alien Dependents/Survivors Outside the United States see RS 02610.025, and for 5-Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent see RS 02610.030.
B. Dependent or survivor does not meet U.S. residency requirement under the Slovak Totalization Agreement.
If a non-U.S. citizen dependent or survivor does not meet the 5-year residency requirement and alleges citizenship or residency of the Slovak Republic, develop for citizenship and residence status.
GN 01701.150 Alien Nonpayment Exemptions Under Totalization Agreements
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 Requirements for Alien Dependents/Survivors Outside the United States
RS 02610.030 5-Year Residency Requirements for Spouses, Natural Child, Adopted Child and a Parent