TN 2 (03-04)

A. Introduction

Some agreements provide for exemption from the alien nonpayment provisions of the law for beneficiaries who reside in the agreement country, even though they are not citizens of the United States or the agreement country. The subchapters describing the individual agreements provide information for determining who is exempt from the alien nonpayment provisions based on residence in that agreement country.

B. Definition – residence

A person resides in a country when the person has established a home in that country intending to remain there permanently or for an indefinite period of time.

C. Policy

1. General

A period of residence cannot begin earlier than the day a person is physically present in the country with the intention of establishing at least a temporary home there. For example, arrival as a visitor or tourist with no intention of establishing a home in that country would not begin a period of residence. A period of residence ends with the departure from a country with the intention to reside elsewhere.

2. Temporary absence

Residence in a country may continue even though a person is temporarily absent from that country. An absence of 6 months or less is considered temporary. If an absence is for more than 6 months, residence may be considered to continue only if there is sufficient evidence to show the person intends to maintain the residence. Sufficient evidence includes the maintenance of a home, the existence of business or family associations sufficient to warrant the person’s return, or other similar acts or factors.

D. Procedure

Accept an allegation of residence in an agreement country if a person has established a home in that country and has assumed certain economic or social burdens such as purchasing a dwelling, maintaining a home or an apartment, establishing a business, enrolling children in a school, etc.

1. When to develop residence

Develop evidence of residence in an agreement country when:

• residence in the country will be used to establish exemption from the alien nonpayment provisions, and

• the allegation of residence in the country is not reasonable based on the information in file, or

• the applicant will be absent from the agreement country for more than 6 months.

2. How to develop residence

Obtain a statement from the applicant covering the following factors when developing residence. Make a determination of residence based on the applicant’s statement and the evidence provided. The factors are as follows:

• Date of arrival in that country with the intention of establishing a home.

• Type of visa used to enter the country and whether it contains any limitations on length of stay or employment.

• Length of intended stay.

• Type of living facilities maintained, such as a purchased home, rented house or apartment, quarters furnished by employer, etc.

• Whether the person maintains living quarters in any other country and, if yes, whether the quarters are owned or rented and whether the person is related to any other occupants.

• Whether the person’s personal belongings (e.g., furniture, automobile, clothing) are located in the country of claimed residence.

• Whether the person’s family members reside in the country of claimed residence and, if not, where they reside and for what purpose.

• If the person has been physically present in other countries, where, for what periods and for what purpose; what type of visa was used to enter the other countries) and whether the person obtained a reentry permit from the country of alleged residence.

• If the person is employed, where does he or she perform the services, the expected length of employment and any contractual terms relating to the length and place of employment.

• The country to which the person has paid taxes during the period of claimed residency.

• Any social, cultural or other community activities in which the person has engaged since the alleged residence began (e.g., membership in local organizations, involvement in community affairs, voting in elections).