Social Security retirement benefits are not welfare, but an earned benefit.
If someone paid contributions, he or she should get something out of it, even after working only a few years. In the past, immigrants lost their years of work if they returned to Poland before putting in 10 years. But the rules changed on March 1, 2009, when the Agreement on Social Security between Poland and the United States took effect. It brought several changes for Polish-American retirees and benefit recipients, the most important of which is the ability to combine periods of coverage, which makes it possible for people who worked in the States only briefly to receive a pension.
Hurdles to clear
Here, in brief, are the conditions a Pole who worked in the States must meet in order to receive any Social Security retirement benefit:
- reach retirement age (at least 62, though full retirement age is 67 for people born in 1960 and later),
- have at least 6 quarters of work credited in the States,
- have filed taxes, and therefore paid Social Security contributions, under a valid Social Security number; work under someone else’s number, a made-up number or a taxpayer identification number (ITIN) does not count.
Some types of deportation cause Social Security benefit payments to be suspended until the person’s status is legalized.
Years of working abroad as a migrant worker
If someone did not work in the States long enough to earn 40 quarters (but has at least 6), then after reaching the American retirement age he or she can get a partial Social Security retirement benefit by combining American periods of coverage with Polish ones (totalization). The condition is having at least 40 quarters of work in the States and in Poland combined.
Note: it is not the pensions that are combined, but the periods of coverage.
The Social Security number
Even a person without immigration status can get retirement benefits (paid in Poland), provided that he or she paid contributions under a valid Social Security number.
Under the Social Security Protection Act of 2004, people who file applications after January 1, 2004, must meet additional requirements to qualify for Social Security benefits. In addition to reaching retirement age and working enough quarters, they must:
- have any Social Security number (valid for work or not valid for work) issued to them by SSA before January 1, 2004, or
- receive, after January 1, 2004, a Social Security number authorizing work (that is, obtain, at least for some time, a work permit or legal immigration status).
In other words, since 2004, undocumented immigrants who never had a valid Social Security number and still have not regularized their immigration status have no chance of getting Social Security retirement or disability benefits. Working under someone else’s number or a fake number, as well as under a taxpayer identification number (ITIN), disqualifies the applicant. The only advice for them is to regularize their immigration status.
When the SSA office won’t talk to an undocumented immigrant
Long-settled undocumented immigrants work for as long as possible, apply for retirement benefits in the States and collect them in Poland. It happens that SSA employees do not know how to handle an immigrant without papers. They wrongly tell him that he is not entitled to anything, and even ask him to leave the office.
Advice: The book “Ubezpieczenie społeczne Social Security” (“Social Security”) contains a letter to the Social Security Administration written in English, together with a quotation of the relevant section, which you can use to persuade the official to accept your application for retirement benefits in the US even though your immigration status is unlawful. You can also file an application for retirement benefits with the Federal Benefits Unit at the US Embassy in Warsaw or at the US Consulate General in Kraków.
How much will the benefit be?
The retirement benefit of people who earned little over a few quarters will be very small. For comparison, ten years of reporting the minimum amount needed to earn 40 Social Security quarters will result in a very modest benefit. Small earnings over a few quarters, or a dozen or so, will produce benefits of pennies, depending on the amount of earnings, the number of years worked and the retiree’s age.
The Social Security retirement benefit of a Pole who is not a US citizen can be paid only in Poland. In that case SSA deducts from it the American tax for nonresidents of 25.5% (non-resident tax). Polish income tax and a health insurance contribution may also be due on the benefit – the rates and the way of settling them have changed in recent years, so it is worth checking the current rules (including how to avoid double taxation and how to take into account tax paid in the US) with the urząd skarbowy (Polish tax office) (www.podatki.gov.pl) and with the NFZ (Poland’s National Health Fund).
Social Security retirement benefits collected before reaching full retirement age (67 for those born in 1960 and later) are reduced – by up to 30% for 62-year-olds.
Calculating the amount of a “totalized” pension is complicated, and I explain it in detail in the book “Emerytura polska i amerykańska” (“Polish and American Pensions”).
Benefits for a spouse
It is also worth knowing that the family of an undocumented immigrant may also be entitled to family benefits (spousal, survivor (widow’s) and child’s benefits), on the same terms as the family of an American in the States. Yes, since March 1, 2009, family members of a retiree or disability beneficiary can receive family benefits even if they have never been to the States.
Conclusion
A few years spent working abroad without legal status can result in a modest American retirement benefit, provided that the person filed taxes under a genuine Social Security number issued before 2004 or a valid number authorizing work issued after January 1, 2004. Also provided that he or she worked in the States for at least 6 quarters, and in Poland and the States combined – for at least 10 years.
Updated October 2026.
