Passage Report No. 64

Schengen Visa – Australian Sailor’s Nemesis

July, 2011

Sailors dream of sailing the world as the finest form of freedom. It escapes the bureaucratic tangle that regulates shore life. Sadly, it used to be. It is a dream, not a reality. Nothing better exposes this fact than the Schengen visa required by non-Europeans entering the European Union.

The visa is determined by the Schengen Agreement. Signatories include all European countries west of Hungary. Signatories do not have to be a party to the European Union. Norway is a signatory but not in the EU. EU members do not have to be signatories. Romania and Bulgaria, EU members are not signatories. The United Kingdom is not an EU member or a signatory.

Designed to enhance cross border freedom for Europeans; for foreign sailors it has the opposite effect.

Sailor’s cruises take time. The Schengen visa provides three months with no extension till another three months has past (90 days in 180 days). Sailor’s cruises regularly extend over three months. Extensions are available for humanitarian reasons or on the basis of force majeure. Sailors cruising generally come under neither. “Force majeure” may apply where weather requires time in a safe haven.

Skipper’s experience is evidence of the visa problems for foreign sailors planning to cruise European waters.

Sahula’s Danube cruise exposed the Agreement’s interpretive problems. Sahula entered the Danube River in Romania (a non-signatory but EU state) in April, 2011. At the border of each non-signatory state (Romania, Bulgaria) Skipper’s passport was stamped with an entry permit. Skipper assumed that the relevant three months extended from the date of crossing into Hungary (a signatory state).

In Frankfurt, Germany, Skipper was told by Immigration that the date of crossing into a Schengen state (i.e. Hungary), triggered the Schengen visa process from the date of entry into the EU i.e. into Romania.

Skipper’s visa therefore expired in a few days rather than a month.

This interpretation would severely restrict a person travelling e.g. 10 weeks, in a non-signatory region within the EU. It would mean that on entry into the Schengen signatory state, there would only be two weeks to expiration of the 90 day visa.

A sailor cruising (against the current in a yacht – mast down) up the Danube River and down the Rhine to the North Sea could expect the trip to take more than three months. It is possible to complete the cruise from Hungary to the North Sea in 90 days. However, a cruise from Romania to the North Sea would most likely exceed this period.

In Skipper’s case, German immigration recognised this conundrum and granted a six week extension. The extension was provided on the basis of an inherent “reasonable discretion” or “humanitarian reasons.”

Skipper was later told that the German interpretation was contrary to that understood by Dutch immigration. Dutch immigration understood the three months Schengen visa commenced on entry to a Schengen signatory.

Skipper intended cruising to the Baltic via the German canals to Finland. While the duration of this trip may be possible it would require a further extension to cruise in Baltic waters and to winter in Finland.

Advice by Finland immigration was to consider a Residence Permit application. Cost: 350 Euros non-refundable if unsuccessful. Applications may take months or weeks. In this time a cruiser can remain in EU waters.

Skipper therefore opted to exit the EU from Holland and proceed to the UK. The UK grants a six month visa, renewable for a further six months.

Skipper received various advices. One was to leave Sahula in the EU and fly to the UK and expect on re-entry to the EU to receive a further three months. Another was to fly to the UK and apply at the embassy of an EU nation for a further three months.

Skipper flew to the UK from Holland and re-entered in Holland. This was done within the extension period provided by the German immigration. Dutch airport immigration refused another three months as contrary to the Schengen Agreement. Skipper had a few days to exit the EU.

Skipper appealed to an Amsterdam immigration office for a three months extension. Advice given was that another period was only possible if granted a Residence Permit. Application is on the basis of work or study or other limited grounds. An application requires evidence of health insurance, independent means among other grounds.

The office advised that an application based upon a proposed cruise or doing yacht maintenance would not be accepted for processing.

Skipper stated that it was not possible to leave in the short period of the visa because of poor weather i.e. “force majeure.” The official queried whether this was a valid application under “force majeure” but granted a two week extension under s. 20 of the Agreement i.e. “force majeure.”

An oft noted comment by officials was that Australian immigration similarly treated EU citizens.

It is noted that a reciprocal visa agreement with NZ provides NZ sailors with EU freedoms.

Skipper was also told that the stamp entered in the passport was not a Schengen visa. It is a permit to remain in the EU. A Schengen visa is only available upon application to a signatory EU state. It seems it is not possible to extend the “permit” as it is not a Schengen visa. A Schengen visa entry in a passport is a blue/silver sticker. Australia, NZ, Canada, USA et al, are exempted from applying for a visa. Their entry to the EU is processed at the border (of the EU or a Schengen signatory?) by entering a stamp.

Sahula departed the EU at Vlissingen, Holland. Officials stamped the passport. Unexpected gale conditions some way off the coast required Sahula to make for Zeebrugge, Belgium. Officials there were not concerned with the visa issue. Sahula cruised to Ostende and again officials were not concerned about the visa issue. Sahula’s engine required repairs in Ostende over a two week period. No issue was raised with this stopover.

Skipper has received advice that Sweden may grant a three month Schengen visa regardless of time spent in the EU. If so this would overcome the three months limit restricting cruising in the Scandinavian region.

At present a yacht wintering the UK, has two options to cruise to Norway:

1. Enter Holland and cruise the Dutch, German coast to Kiel Canal to Denmark, Sweden and Norway.
2. Cruise UK east coast to Scotland and cross North Sea to Norway.

A three month visa would not allow Option No. 1. It would not provide time within the three months for a Norway cruise. A foreign yacht is restricted to Option 2. This is a more challenging, weather prone, cruise in open North Sea waters. Option 1. provides a less weather prone cruise through Dutch and German islands.

What are the lessons from this experience?

1. Non EU sailors (except UK and NZ) have only three months to cruise EU waters – coastal and inland.
2. A cruise in EU waters is likely to extend past three months i.e. Baltic, Danube, European canals, Mediterranean.
3. Exceptions include “humanitarian” or “force majeure” or a Residence Permit.
4. Exceptions to the Agreement do not include cruising or ship maintenance.
5. Residence Permit applications are expensive i.e. some 350 -400 Euros.
6. Residence permit may be granted on grounds of study or work.
7. While waiting processing of a Residence Permit application, a cruiser can remain in the EU.
8. A “reasonable grounds” visa extension may exist but is limited to weeks.
9. Passport “stamp” is not a Schengen visa.
10. Interpretation of the Schengen Agreement is not consistent. Germany and Holland have a strict interpretation compared to some other EU member countries.

What is needed for a non EU yacht to cruise in EU waters?

1. A six month visa period.
2. Alternatively, a three month visa period renewable for another three months.
3. Application on basis of: registered yacht, health insurance, independent funds.

The Australian Government should enter a reciprocal rights agreement with the EU similar to NZ.

Skipper enjoyed Holland and wished to cruise from and winter in, Amsterdam. A strict interpretation by the Dutch immigration prevented this intention. Skipper sailed via Belgium and France to the UK.

Skipper would be interested in hearing from cruisers with experience of the Schengen Agreement issues for foreign yachts. djhaigh@gmail.com

David
Sv Sahula
August, 2011.