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Guidance: SPOUSAL EMPLOYMENT: NATO SOFA

Ministry Of Defence

August 26
08:46 2022

Supplementary Agreement to NATO SOFA - Germany

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Details

The NATO SOFA is a multinational agreement between nations enabling the operation of a nations Defence task in the territory of another nation. By nature of purpose and design it does not provide for the employment undertakings of a Spouse but of equal importance it does not deny.

There are several possible employment routes for spouses in the host nation. It is up to everyone to ensure that their employment activities comply with host nation law.

Frequently asked questions

Question 1

As a spouse can I undertake employment in the economy of the Host Nation?

Answer:

This is a personal matter. You need to be satisfied that it is lawful for you to work in the host nation, for example that you have any necessary work permits. You will also need to ensure that you pay any tax and social insurance due to the host nation. The SOFA does not confer any exemptions from such liabilities.

Question 2

As a spouse can I continue to work remotely for a UK Company when accompanying the Official?

Answer:

This is a personal matter. It is possible that host nation law may require you to have a work permit even though the work is being performed for a UK based entity. The SOFA does not confer any exemptions from such requirements. You and your employer may also need to comply with other relevant legislation (such as health and safety legislation and data protection laws), so you and your employer need to be satisfied that it is lawful for you to work remotely in the host nation. You also need to ensure that you meet any tax liability that might arise in the host nation. SOFA provides no tax protection for such circumstances.

Question 3

As a spouse, I am a UK Crown Servant in another department for which my employed undertakings do not form a part of the UK Defence task in another nation; can I lawfully operate remotely with the agreement of my employing department whilst accompanying as a dependant the entitled official on their assignment?

Answer:

This is a personal matter. Apart from the considerations that apply in relation to working for a UK Company (see Question 2) you also need to ensure that your employing Department is satisfied with the arrangement and that any security concerns are met.

About us

The Global Support Organisation (Germany) is the determined responsible authority for monitoring and assuring the conduct of United Kingdom Defence in Germany under the United Kingdoms obligations to the NATO Status of Forces Agreement, the supporting Supplementary Agreement in Germany; and many other related agreements.

Contact us

GSO-GEO-CmdGrp@mod.gov.uk

Published 26 August 2022

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