Under Section 202(t)(11) of the Social Security Act, dependents and survivors benefits generally may not be paid to non-U.S. citizens outside the United States who have been outside 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 United States has a Totalization agreement are exempt from these requirements unless an agreement includes a limitation on the exemption. The U.S.-Japanese agreement does not contain a limitation. Therefore, Japanese citizens, regardless of where they reside, and residents of Japan are exempt from these requirements.

If a non-U.S. citizen dependent or survivor, who does not meet the 5-year U.S. residency requirements, alleges he or she is a citizen or resident of Japan, develop citizenship or residence status.

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  GN 01702.220, GN 01702.225, Developing citizenship, status of refugee or stateless person

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  GN 01702.230, Developing residence status

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  RS 02610.025, Residency requirements for alien dependents and survivors outside the United States