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Aqualibra · 04-08-2024, 14:38

I'm looking for clarification regarding the Schengen rules as it relates to crew of a sailboat in transit. I recently saw a YT video of a non-EU couple who confirmed that they did not have to clear customs and immigration when entering into Italy because they were considered "in transit" and staying onboard their vessel. However, they were required to report their vessel's arrival with respective port captains. As a consequence, they were able to cruise throughout the many Schengen countries of the Mediterranean for longer than the oft quoted 90 day limit. They were forbidden from staying at accommodations ashore, but were able to take day trips inland and spend freely wherever they went. Can anyone please confirm if this is usual practice as there is a lot of commentary and consternation about what is allowed.
Thank you

barnakiel · 04-08-2024, 16:34

If you overstay the Schengen time limit, you can be fined.

I have also read about a boat being arrested, but I think that was just one nasty officer who had a bad day.

Send an email to the administration of the country in question. Schengen rules are applied with various degree of strictness by each participating country. Some are lax, some are not.

b.

Aqualibra · 05-08-2024, 11:50

Thank you for your reply confirming that overstaying in the Schengen can result in a fine.
However, to clarify, the people I referred to never actually had to clear into the Schengen as they were categorized as "crew on a vessel in transit". Therefore, the Schengen clock never started ticking for them.
Has anyone else had this experience?
Thanks

Captn Caveman · 05-08-2024, 12:24

There are considerable differences in the rules for professional, paid crew and those cruising around on their own boats. If you are the latter, the 3 months in a 6 month rolling window rules will apply.

Aqualibra · 05-08-2024, 13:22

Captn Caveman - Thanks for your reply.
I believe the couple I'm referring to would be considered cruising civilians, as opposed to professional crew. They were a middle-aged couple who had just purchased a new sailboat in France and hired a vessel clearing agent in Italy who apparently drove them back to France to personally (not the vessel) clear out of the country (because they had arrived in France and cleared in at an international airport). They then returned to Italy where they rejoined their boat and were instructed to report the vessels arrival to the port captain (harbormaster), which they did. From that point on, they were just considered crew of a vessel in transit and did not need to report to immigration. As I understand it from their subsequent YT videos they then spent much longer than 90 days cruising throughout the Schengen countries in the Med only having to report the vessels arrival in different ports and the ports of newly visited countries, but never to immigration. They did not appear to be scofflaws and went into specific details as to what and how they were advised to conduct themselves. This was so different than my understanding of the regulations, which is why I'm posting here for insight, or corroboration of their experience.
Perhaps their vessel was owned by a corporate entity such as an LLC and this made the difference, but I doubt this would be unique amongst cruisers.
If anyone has had a similar experience I would like to know as I am planning to sail to the Med next year.
Thank you

SoItGoes · 05-08-2024, 15:51

Do you have a link to the crews youtube?

dannc · 05-08-2024, 17:17

I don't remember the name of the YouTube video the OP has seen, and is quoting, but I have seen the video or a similar one.

If it is the same video, they used an agent to get their paperwork. The agent took them to a crossing point on shore, I think between France and Italy, to get the paperwork signed off by official at that office.

The border control official asked some questions and signed the paperwork.

To be honest, the whole thing seemed risky to me. If it was legitimate way to stay in Schengen countries, other people would be talking about it here on CF. They also had restrictions. They could not sleep off the boat. They could go to shore for to buy supplies, food, visit restaurants and tourists sites but they had to be on the boat over night. They could not go ashore for a couple of days of sight seeing away from the boat.

Having to be on the boat each night really would not be that much of a requirement to meet but it might be a problem at some point. While the couple seemed to be following the law, it still seemed to be pushing the regulations, and if a border official did not like what they were doing, the results could be serious. Figured the risk was not worth what they were gaining. Again, if this was legitimate one would think others on CF would be talking about this way to stay in Schengen countries.

Captn Caveman · 05-08-2024, 17:47

I dig a bit more digging and found this link (to a blog associated with a youtube channel):
https://www.sailingwiththankfulness....ts-in-transit/
If this is similar to what you recall seeing, they were indeed using the no-visa required provisions that are intended for working, professional crew (crew in transit). It sounds like they were able to perhaps shadily procure an actual Seaman's book (passport alternative identifying you as professional crew) and get local officials in a few countries to treat them as such an avoid the Schengen time limits.

HOWEVER: the relevant international treaty they linked to that discusses this:
https://cil.nus.edu.sg/wp-content/up...me-Traffic.pdf
clearly states up front in Article II, section 3 that:

The provisions of the present Convention do not apply to warships or pleasure yachts.

So my take is: This is not a lawful method to get around the Schengen time limitations. It may or may not work if you try it depending on local official understanding of the actual law/treaty (it clearly did work for the couple in the first link).

Aqualibra · 05-08-2024, 19:10

I'm sorry I didn't save the link to the YT, which I watched several weeks ago. I think dannc is referring to the same video. It was a nice couple, I believe she was a kiwi and he was from Oz. I just tried again to find it and couldn't.

Aqualibra · 05-08-2024, 19:19

Found the link:

https://www.youtube.com/watch?v=dHIQ_NP2djM

How we Beat the Schengen Shuffle - Sailing Helios S01E12

Please advise your thoughts.
Thanks

dannc · 05-08-2024, 19:31

Quote:

Originally Posted by Aqualibra

I'm sorry I didn't save the link to the YT, which I watched several weeks ago. I think dannc is referring to the same video. It was a nice couple, I believe she was a kiwi and he was from Oz. I just tried again to find it and couldn't.

Yep, that is video I saw too.

RonaldL · 06-08-2024, 14:38

Without going in too much detail and loop holes in the law:
When VAT is paid, the boat can stay in the EU (which is not the same as Schengen).
With a NON VAT boat you have to leave at some point, otherwise you pay VAT.
Schengen is about the people. Of course there are special agreements for crew (for merchant boats) and the travel of crew from/to/within Schengen. As well as for aircraft crew.
These crew member are allowed to go ashore for pleasure and some sightseeing.
So bending the rules which are not meant for pleasure boat crew in order to use these privileges for us booties might work for a while until authorities get upset about this and change the rules or there adherence to or procedures.
So it would than only work for a while. Somebody gets in trouble sometime.

Sos · 07-08-2024, 01:14

I know that in Malta you can get your crew list stamped rather than your passport since you are in "transit". Also the same in the Balearics I believe but not sure about other countries.