Basic (01-19)

GN 01760.145 Exceptions to Section 202(t)(11) U.S. Residency Requirements for Certain Dependents and Survivors under the Agreement with Uruguay

A. Policy for U.S. residency requirement

Section 202(t)(11) of the Social Security Act requires certain non-U.S. citizen dependents and survivors who have been outside of the United States for more than 6 consecutive calendar months to satisfy a 5-year U.S. residency requirement to receive benefits. During this 5-year residency, 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 United States has a Totalization agreement to the extent provided in such an agreement. The U.S. — Uruguayan agreement does not contain any limitation on this exception.

For more information about alien nonpayment exemptions under Totalization agreements, see GN 01701.150A.2.

For more information about the 5-year U.S. residency requirement for dependents and survivors, see RS 02610.025.

For information about the 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 agreement

If a non - U.S. citizen dependent or survivor does not meet the 5-year residency requirement and alleges Uruguayan citizenship or residence, develop for Uruguayan citizenship and residence status.

 


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201760145
GN 01760.145 - Exceptions to Section 202(t)(11) U.S. Residency Requirements for Certain Dependents and Survivors under the Agreement with Uruguay - 01/10/2019
Batch run: 01/10/2019
Rev:01/10/2019