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.-Slovenian 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 Residency Requirement for Spouses, Natural Child, Adopted Child, and a Parent see RS 02610.030.

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