Generally, we do not pay benefits to dependents and survivors who have been outside
the United States for more than six months and who first became eligible for the benefits
after 1984, unless they satisfy certain U.S. residency requirements (5-year residency
rule). This requirement is based on the provisions of Section 202(t)(11) of the Social
Security Act. 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 citizens or residents of a country
with which the U.S. has a Totalization Agreement unless the Agreement includes a limitation
on the exemption. The U.S.-Portuguese Agreement does not contain a limitation on this
exception. Therefore, Portuguese citizens, regardless of where they reside, and residents
of Portugal are exempt from these requirements.
If a non-U.S. citizen dependent or survivor does not meet the 5-year residency requirement
and alleges Portuguese citizenship, develop for Portuguese citizenship or residence
status.