January 14, 2012 10:13:23 AM CET
This is a forum, not a legal advice service, that is why I can only guess what will happen. On knowledge from my work, the guess is that you risk removal from Belgium. If you wish to have a definitive answer, ask the Belgian embassy in your home country, if you want to research the topic a bit, look on the diplomatie website. Your problem is that if you are already in a relationship and you obtain a Schengen visit visa which is a) easy to obtain and b) cheaper than a national Belgian visa, in order to circumvent the requirement to arrive in Belgium with a spouse or cohabitant visa (a national Belgian visa harder to obtain) and then attempt to change status to cohabitant / spouse in country, you are setting yourself up for difficulties. It is much easier to obtain the correct visa in the first place. If you are not a visa national and also non EU national and are already in a cohabiting relationship with / married to an EU national and both then decide to move to Belgium, in those circumstances it is different, as the non EU national does not need a visa to arrive, in those circumstances the non EU national presents themself to the commune with the EU cohabitant / spouse and applies for resident under EU directive, receives an "F-card" as rights as an EU national, so long as they are able to support the relationship without claming pubic funds from Belgium. If you are a visa national, you must normally do the paperwork before arriving. But only the Belgian embassy can inform you with a definitive response, I can only make guesses on their behalf.
