RS 02640: Citizenship
TN 12 (01-18)
A. Foreign country of citizenship and the Alien Nonpayment Provision (ANP)
The ANP places a general 6-month limit on benefit payments to non-U.S. citizens who are outside the United States. However, the ANP contains a number of exceptions that allow payments to continue beyond the 6-month limit if the beneficiary meets the required conditions. For more information about these exceptions, see Exceptions to Alien Nonpayment in section RS 02610.010. For the additional requirements certain dependents and survivors must meet, see the 5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.) in section RS 02610.025.
Four exceptions to the ANP are based on the beneficiary’s country of citizenship. The chart in RS 02610.015C shows which countries provide a citizenship exception. As shown in RS 02610.013B, these are the alien exception codes (AECs) and the citizenship exceptions to which they apply:
AEC 3 – 10-year U.S. residence exception
AEC 4 – the 40 quarters of coverage exception
AEC 5 – treaty exception
AEC 6 – social insurance exception
B. When we require proof of foreign citizenship
Exceptions to the ANP are required for the payment of benefits to non-U.S. citizens outside the United States to continue beyond the general 6-month limit. If the beneficiary’s country of citizenship provides the exception, we require proof of that citizenship.
NOTE: Do not develop for proof of the beneficiary’s citizenship exception if we already have evidence that the beneficiary qualifies for another exception to the ANP not based on citizenship. This includes exemptions from the ANP provided by residence in a totalization country. Apply the exception that will not require a development action even if it is in a lower priority class. For information about the coding priority of exceptions to the ANP, see Coding Priority of Alien Nonpayment Provisions in section RS 02610.013.
C. Additional citizenship considerations
This chart contains information and guidance on additional citizenship considerations:
|
Citizenship |
Remarks |
|---|---|
|
North American Indian |
Although some individuals state they are “North American Indians,” there is no such national citizenship. They are members of certain tribes located near the Canadian-U.S. border and their national citizenship is either Canadian or U.S. |
|
Overseas Territories of Foreign Countries |
Only citizenship of a country listed in RS 02610.015C may provide an exception to the ANP. Do not assume that a person who resides in an overseas territory outside of one of the listed countries is a citizen of the listed country because this might not be the case. An overseas territory of a listed country might provide territorial citizenship, but not citizenship of the listed country. For example, the British Overseas Territory of Bermuda recognizes citizenship of its own territory. However, France designates the people of French Guiana, a French overseas territory, as French citizens. |
|
United Kingdom (U.K.) |
The United Kingdom’s nationality laws are complex and have changed significantly over time. There are six different types of nationality provided under U.K. law. A person may hold more than one type of British nationality. However, only those who hold U.K. citizenship can qualify for the social insurance exception (AEC 6) to the ANP that is in effect for the United Kingdom. Evidence of U.K. citizenship includes a U.K. passport showing “United Kingdom of Great Britain and Northern Ireland” on the cover. The United Kingdom also provides a naturalization certificate to those who qualify for U.K. citizenship, or a registration certificate to those who register as U.K. citizens. In addition, someone can claim and obtain confirmation of U.K. citizenship by applying for a confirmation certificate from the U.K. Government. NOTE: A person who is a British Overseas Territory (BOT) Citizen might or might not also have U.K. citizenship. A BOT passport is not proof of U.K. citizenship. |
D. References
GN 01701.150 Alien Nonpayment Exemptions Under Totalization Agreements
RS 02610.010 Exceptions to Alien Nonpayment
RS 02610.013 Coding Priority of Alien Nonpayment Provisions
RS 02610.015 Status of Countries for Applying Exceptions Based on Citizenship
RS 02610.025 5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.)
RS 02640.060 Evidence of Citizenship in Other Countries