# specific question regarding spousal visa



## RubenTh (Sep 5, 2014)

Hello everyone,

I have a specific situation I need someone to clarify:

I know the basics of a spousal visa, you cannot work or run a business unless you endorse it or specifically apply for either a work or business visa.

However, my spouse has her own business in SA, her mother runs it while she stays with me in Belgium (I will aply for the spousal visa soon). 

I would invest in this business and help out wherever possible. In the long run we'd like to set up a new business, in which I would invest again... All the paperwork and necessary documents shall be written under my spouse's name, as she is South African.

I don't want to cheat on any Department in SA, so maybe someone can shed some light into the legality of this situation.

Thank you!


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## LegalMan (Dec 26, 2012)

I'm not sure what your exact question is.

If you are not listed as running the business, but are working for it, that's work and requires some sort of work visa or permission.

If you are investing in the business, that's investing and requires some sort of investment/business visa.

If you are running a business, that's a business visa.

And so on.

So, what are you going to be doing?


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## RubenTh (Sep 5, 2014)

Technically I wouldn't be having a 9 to 5 job if that is what you mean by "working". I will be helping out wherever possible. Does that make me an employee? I don't know, that's why I want to know how versatile a spousal visa is. 

As far as investments go, yes I will help out in buying new equipment. Does that make me a big investor and shareholder somehow? Not really. 

If I would apply for a typical work visa, I would not be just an "employee" in reality, I will still be the husband of my wife, who happens to own the business. 

If I would apply for a typical business visa, there is no point, because my wife could set up the legal side, as she is South African, and doesn't need to fulfill many of the requirements.

If this makes it any clearer... otherwise I don't really have another way of saying this.


*On a side note: * the business/work is one thing, in the first place I would be living there with my wife, have a family, start up a new life. I do not want to have the wrong visa based on the life I would be having.

Thanks!


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## LegalMan (Dec 26, 2012)

Then, if I may ask, jokingly, as the main actor did in the Shawshank Redemption: "Sir, can you trust your wife?" 

The bottom line is that as long as your relationship is in tact, you will be fine on a straight Relative's Visa and have all those options available to you.

None of your activities seem to require a different option for now.


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## irishexpat (May 25, 2011)

That was such a North European question, I'm impressed that Legalman could answer it!


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