SPOUSALSpousal EMPLOYMENT:employment - NATO SOFAStatus of Forces Agreement and Supplementary Agreement Germany

The NATO SOFA is a multinational agreement between nations enabling the operation of a nation’s Defencedefence task in the territory of another nation.

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Overview

Neither the employmentNATO undertakingsSOFA nor ofthe aSA Spouseprovide butany oflegal equalbasis importancein itsupport doesof notspousal deny.employment.

There are several possible employment routes for spouses in the host nation.

It is up to everyonethe individual to ensure that their employment activities comply with host nation law.

Frequently

Working askedin questions

Questionthe 1local economy

AsThis is a spousepersonal canmatter. It Iis undertakepossible employmentfor inany thespouse economyto ofbe employed in the Hostlocal Nation?economy.

Answer:

This is a personal matter. You will 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 address spousal employment and therefore does not confer any exemptions from such liabilities.

Question 2

AsIn Germany, your status as a dependant spouse canis Irecognised continuein German immigration laws; therefore there is no requirement to obtain either residence status or a work remotelypermit for working in the local economy.

International remote working (IRW)

International remote working includes different scenarios:

• a UKprivate Companyemployer whenin accompanyinganother nation state, e.g. the Official?
  UK
• a public sector employer of another nation state, e.g. UK MOD, government, local government, council, other service, or same service as an assigned spouse

Answer:The NATO SOFA does not provide for IRW.

ThisIRW is both a personal matter.matter and matter for your employer.

It is possible that host nation law may require you to have a work permit even thoughif the work is being performed for a UKUK-based based entity. The NATO SOFA does not confer any exemptions from such requirements.

You and your employer may also need to comply with other relevant legislationlegislation, (suchfor asexample health and safety legislation and data protection laws),laws.

You 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

AsYou aand spouse,your Iemployer ammay aalso UKneed Crownto Servantconsider inother anotherrelevant departmentareas for which my employed undertakings do not form a part of theoperation, UKsuch Defenceas tasksecurity in- anotherparticularly nation;if canyou Iare lawfullyan operateemployee remotely with the agreement of my employing department whilst accompanying as a dependantUK theGovernment entitled official on their assignment?department.

Answer:

Related content

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About us

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

Contact usthe Germany Enabling Office

Email: GSO-GEO-CmdGrp@mod.gov.uk