Overseas employment

Spouse or partner employment is a key consideration for families posted overseas, as many locations have restricted employment opportunities. Where possible, research your employment options thoroughly, and understand the limitations and implications for you before you move overseas.

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01   Working overseas - things to consider

AFF is aware that there is a lack of clear and official information for spouses and partners wishing to work whilst accompanying the serving person on an overseas assignment. AFF has consistently raised this issue with the MOD and will continue to push for families to be provided with robust support and guidance on these issues.

If you have any specific questions or experience any issues with working overseas, please contact employment@aff.org.uk in the first instance.

In the meantime, here is some key information to consider when exploring working whilst on an overseas posting:

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Families need to consider the host nation’s rules and laws on issues such as:

  • local employment law
  • the requirement for a work visa and process for applying for one
  • tax and social insurance both in the host nation and the UK
  • your right to work locally, or remotely from home, in the host nation
  • differing GDPR regulations
  • business licensing requirements (especially if you are looking to set up your own business)
  • quality and security of international internet systems.

Each location is different, so it is worthwhile seeking further guidance from your host nation Liaison Officer or Defence Attaché.

Countries have different Status of Forces Agreements (SOFA), or host nation agreements, enabling the operation of a nation’s Defence task in the territory of another nation.

AFF is aware that there is a lack of clear and official information around working (including remotely for a UK employer) whilst accompanying the serving person on an overseas posting and the impact this may have on any host nation agreement. The NATO SOFA does not cover spousal employment but also does not rule it out.

However, it is important to be aware that your employment could be impact your tax residence status and/or your dependency status as part of any host nation agreement or SOFA. Depending on the type of posting, your diplomatic accreditation may also be affected.

The MOD has shared interim guidance with the chain of command confirming that there are no tax protections for military spouses and partners while on an overseas posting:

The MOD would like to clarify that there are no tax protections offered to partners and spouses under SOFA. The MOD’s view is that paying tax to the host nation does not affect status under the SOFA and they are not aware of any issues raised in the past. The MOD is unable to rule out that a host nation may interpret the position differently but would ask that any examples of issues faced by spouses are raised to the chain of command.

HMRC has confirmed that tax responsibilities for spouses/partners on overseas postings depend on individual circumstances and the Statutory Residence Test. Any income which meets the tax threshold will require you to pay tax either via the UK system or that of the country of residence.

Due to the fact that any tax responsibilities are based on individual circumstances, you would need to contact HMRC to establish your own tax requirements, or speak to one of their specialist tax advisors. More information is available on tax on a foreign income at gov.uk/tax-foreign-income.

HMRC has also advised that you may need to contact the relevant tax authority in your overseas location to find out if there are any tax obligations in the host nation.

If you experience any difficulties accessing advice and support on tax responsibilities, please contact moneysupport@aff.org.uk in the first instance.

As AFF staff are not regulated financial advisors, we cannot provide personal tax or financial advice, and recommend that you seek specialist tax advice before commencing employment overseas.

If you are employed, discuss your overseas posting with your employer as early as possible. Do not assume that you will be able to simply take your laptop and carry on working abroad.

Organisations employing someone remotely overseas need to consider issues including (but not limited to) the legality of you working remotely in the host nation; the company’s tax position in that country, how they pay your salary, health and safety, employer liability insurance and data protection.

If your employer is unable to employ you remotely overseas, it is worthwhile exploring the possibility of a career break or sabbatical for the duration of your posting.

There is no obligation under the Armed Forces Covenant for employers to continue your employment contract whilst on an overseas posting.

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02   NATO SOFA and spousal employment

Strategic Command’s Global Support Organisation has provided some information on spousal employment and the NATO SOFA which is available at GOV.UK – Spousal Employment – NATO SOFA.

The key points are:

  • Under the SOFA, there are no exemptions from a military family’s liabilities, such as the right to work in the host nation, or work remotely for a UK company overseas, or work as a UK Crown Servant when on an accompanied overseas assignment.
  • You may require a work visa/permit and may be required to pay tax and social insurance to the host nation. As this is based on your individual circumstances, you will need to seek advice in addition to your employer being satisfied with the arrangements.
  • It is important to note that some host nations operate a household income tax regime so it is possible that, although the serving person’s salary is protected under the NATO SOFA, it could still be included in any cumulative assessment in determining your tax liability to the host nation.

In 2023, the GSO also issued a Force information note on spousal employment: NATO SOFA and Spouse Employment (FAQ)

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03   Cyprus and remote working

The SBA Fiscal Office in Cyprus has issued guidance, in relation to tax and social security, for UK family members who intend to work remotely in the Sovereign Base Areas for a UK employer. You can read the notice here: SBA Fiscal Office Notice.

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04   Remote working support

The Milspo Business Network and Military Coworking Network provide online communities and virtual networking opportunities for military spouses and partners who are working remotely.

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05   Overseas employment opportunities

Depending on the location, there may be limited opportunities for local employment overseas. Forces Families Jobs now includes some job vacancies in overseas units. In addition, see our ‘Your posting’ pages – these include information on spousal employment opportunities in country.

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06   Alternatives to employment overseas

There are many reasons why working overseas may not be practical for you, such as the availability of childcare, visa restrictions, or general feasibility. However, there are other opportunities to help fill the career gap.

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You may be able to access training and education opportunities and gain new skills or qualifications which can fill gaps in your CV and ensure you are job ready when you return to the UK.

Make sure that there are no study or education restrictions in your location, and check how any training is delivered and if exams can be taken remotely. Visit our Training page for more information and course ideas.

Volunteering is a great way to get involved in your local community and add to your CV (especially if it is related to something you want to do upon your return to UK). The volunteering page on Forces Families Jobs offers advice and ideas to get you started.

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07   Your return to UK

If you need help to restart your career, or support to get back into employment when you return, visit our Employment page

A few things to remember when you return from your overseas posting:

  • You may qualify for Jobseeker’s Allowance
  • Spouses and partners accompanying serving personnel overseas can obtain National Insurance credits towards their state pension to cover that period when they return to the UK.

For more information on these, visit our Benefits, National Insurance and Tax page.

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