How we beat the Schengen Shuffle - Update 2024 - Sailing Helios

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  • čas přidán 4. 07. 2024
  • 2023 was our first year sailing in the Mediterranean and like all non-EU sailors, navigating the Schengen requirements was daunting. We were delighted when an agent in Italy introduced us to the process where we could "check out" of the EU but still sail as crew on our vessel. Here is a link to that original video: • How we Beat the Scheng...
    Since then we have had several people ask us how it all went? This is our update on our real-world experience navigating France, Italy and Malta as crew on our own boat and our plans for 2024.
    We provide this information to allow others to benefit from doing the same, but we recommend that you take expert advice, probably through an agent.
    Happy sailing.
    Regards Jude and Richard
    Link to Crew/Passenger List: www.noonsite.com/wp-content/u...

Komentáře • 96

  • @NoMoreDamnUserNamesLeft
    @NoMoreDamnUserNamesLeft Před 3 měsíci +4

    This is fantastic. A perfect solution. Thanks for the information. Keep up the videos and enjoy yourselves. Thank you, fair winds.

  • @chad914bantner
    @chad914bantner Před 3 měsíci +4

    Thank you for this update!

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      Glad you enjoyed it

    • @chad914bantner
      @chad914bantner Před 3 měsíci

      @@sailinghelios2023 do you have a link to the crew list template you used ? Thank you Tunisia looks beautiful and was highly recommended by some Auzzies in Grenada we bought thebpilot books from.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      This is one we have used. www.marinamalta.com/wp-content/uploads/2021/07/CREW-LIST.docx
      Tunisia is great. The marina at Monastir is perfect. Close to town, surrounded by bars and restaurants with a great cruising community

  • @gooddeedssailing
    @gooddeedssailing Před 3 měsíci

    Great video, very helpful, thank you very much :)

  • @runningcode2
    @runningcode2 Před 3 měsíci +1

    Thanks for the form

  • @elcanochallenge-ch3mg
    @elcanochallenge-ch3mg Před 3 měsíci

    Brilliant thanks

  • @diggerdiggy33
    @diggerdiggy33 Před 2 měsíci

    Thanks so much for sharing. It makes the idea of sailing through the EU a lot less stressful.

    • @sailinghelios2023
      @sailinghelios2023  Před 2 měsíci

      Thank you, we will keep this series updated frequently as we gather more information from our travels and shared with us by others. Without this the EU is becoming just about too difficult to sail.

  • @rdholmes2007
    @rdholmes2007 Před 3 měsíci

    Just discovered your channel. Thanks so much for sharing your adventures and particularly for your work on getting off the Schengen shuffle dance floor. As a Brit, post Brexit, I am in the same position as you wanting to sail the Med. My main worry over the last few years, planing the trip, has been Schengen but your experience sounds so amazing and positive. Signing out of the EU, registering as crew and staying in the EU for as long as you like, as long as you stay on your boat and don’t stay on land. Brilliant news. Also happy to hear your daughter’s op was a success. Wishing her a good recovery. Look forward to seeing your updates this year. Thanks again. Rob

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Hi Rob, great to here you are enjoying the channel and yes working around the Schengen issue has definitely made our time in the Med more enjoyable. I'm not sure we would sail here for long otherwise. Angie is recovery very well.
      We are looking forward to bringing you our adventures for 2024 and further updates on how we go navigating the regulations.

    • @rdholmes2007
      @rdholmes2007 Před 3 měsíci

      @@sailinghelios2023 lovely to hear back from you. So glad Angie is doing well. Enjoy the rest of your time in Monastir. Happy Schengen free sailing 😊⛵️

    • @rdholmes2007
      @rdholmes2007 Před 3 měsíci

      @@sailinghelios2023 also wanted to say I like your film style. Gentle cuts. Not too much music. Navigation maps and google earth images to show where you are. Lots of sailing tips and real life cruising issues, like crowded anchorage and rolling swell. Congratulations on using the marriage saving wireless headphones! So good for anchoring.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Wow, thanks for your thoughful comments Rob. It is nice to get feedback. We are enjoying making the videos and the continueing challenge of trying to produce better content while developing our own style. Thanks so much for commenting.

  • @Scubachick67
    @Scubachick67 Před 3 měsíci +1

    There's all sort of shuffling with fishing crew from UK or outside EU coming into Ireland (where I am). Its great you got good info, but I can only imagine the hours of Internet searching, emails, phone calls and office visits to do this. It should be easier.
    Swanky crew shirt, Richard. Gives us a twirl! Is the logo on the back? When's the merch shop open, lol😂

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      Thanks Scubachick. Through an agent it was reasonably easy thankfully.
      The shirt just has a logo on the front but I will see if I can get a twirl in for you at some stage.

  • @macsinvan
    @macsinvan Před 3 měsíci +1

    Hi Guys, We are picking up our Catamaran from La Rochelle in April. Because of this I rewatched your original Schengen video this morning. Then in a nice coincidence you posted this update today. We have not yet decided on our strategy. We may follow your example of we may just head for Turkey or Montenegro. Please keep the updates coming, particularly interested in what you find when in Greece.
    Cheers, Andrew

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Thanks Andrew. Wow that is exciting picking up your Cat. We will be sure to provide some updates on this years travels and how we get along.

    • @methyleneblue4659
      @methyleneblue4659 Před 3 měsíci +1

      The standard practice is to buy your new boat in La Rochelle, not VAT paid and imediately export it, sailing it to Moroco. There they will give you a document that declares the boat as a 3rd country boat entering Moroco and therefore a 3rd country boat in general. You then sail to Spain where you show the document and crew list and ask for a transit log. Ibiza in the prefered port of entry for this process. The transit log is valid for all of the EU and declares the boat as 3rd country and therefore VAT exempt for 18 months and the crew 'in-transit' and therefore not in Schengen. This is generally all arranged through the broker for the purchase of the boat.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Interesting. We bought a new boat and picked it up in Canet-en-Roussillon, France. It was sold for export and thus we did not pay VAT and it is Australian registered. We did not need to leave the EU and come back in again. The vessel was immediately registered as a temp import. France will check you out of Schengen and allow you to be crew on your own boat. You would probably need to do this through an agent.

    • @DaleNewnham
      @DaleNewnham Před 3 měsíci

      ⁠​⁠@@sailinghelios2023 did you consider getting a French long stay visa? We were boarded at sea by the French coast guard when crossing from the UK to Boulogne and they seemed pretty serious about VAT and Schengen. Our plan to to apply for a 6 or 12 French visa and perhaps do the same in Greece.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      No, not really as we did not want to stay in France that long. We also have a requirement to remain an Australian tax resident and this becomes difficult if we spent more than 180 days in an other country in a year.
      I had someone tell me that they sailed from the UK to France and declared themselves as crew with two others as passengers. The passengers were stamped in and they were not. Some of the issue here is the inconsistency of application. This would be a good reason to use an agent.

  • @johnpaisley3728
    @johnpaisley3728 Před 3 měsíci

    Wow. This Schengen work around sounds too good to be true. We are Canadians who sail Greece and keep our boat there. My wife just became a dual citizen in an EU country as our "workaround" to stay beyond 90 days this year. But exiting the EU and never checking back in works and even allows you to go ashore? You got the Italian Constituto by checking the boat into Italy but as crew you didn't have to check in? Sweet. Congratulations on finding the work around. BTW - we have lived the Greek transit log pain. You'll find some officials are really lackadaisical about it while others quite anal so enjoy that. We do tend to anchor out - often outside their jurisdiction so no need to check in. Enjoy Greece!

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      The EU citizenship is a bonus. When you move between member states there is no need to be processed by immigration. Different member states might have proceedures that you need to follow that are specific to your boat, e.g. transit logs, cruising tax or just letting authorities know that you have arrived, e.g. when you enter Malta by boat you should contact the port authority and inform them of your arrival.
      Yes, I am expecting Greece to be different so we will see how we go.

  • @georgeburns7251
    @georgeburns7251 Před 3 měsíci +1

    CZcams sailing channel 9,837. I wonder how many people can paste the same content. Hope you enjoy yourselves.

  • @stephenburnage7687
    @stephenburnage7687 Před 3 měsíci +1

    Anyone know the answer to the following question? Putting aside vessel / VAT issues (a wholly separate question), a Canadian vessel & crew cross the Atlantic (W-E), make their first landing in the Azores, a Schengen territory. Clearly, days in the Azores (Portugal) count towards the 90 days but what happens to days at sea, upon clearing out / departure if: Possibility A: The named next port is mainland Portugal? Possibility B: The named next port is not Portugal but still a Schengen area port (say Spain)? Possibility C: The named next port is not in the Schengen area (say Gibraltar)? Possibility D. The named next port is not in the Schengen area but the vessel diverts to a Schengen area port on route? I ask as I have received conflicting advice, in that one told me that all passages between Schengen ports count as time within the Schengen area, whereas others have told me the 90 days is determined by stamps in the passport (which may depend upon local port practice) and, yet another told me the rules (in 2024) are being standardized across the EU, with a common data base for all Schengen area enties/departures. Frankly, the answer to this question may determines whether it is even viable for North American vessels (especially smaller, slower vessels) to visit the area as one could easily lose half of the allowed 90 days on passage times.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +2

      Hi Stephen, it is my understanding that passage time will count because in effect you are still stamped into Schengen. I.e the Schengen clock starts when you cross the first border and get stamped and doesn't stop until you cross the boder and get stamped out. I don't believe any Schengen country will stamp you out unless you are leaving the Schengen area. So the clock is ticking for A & B but not C & D.
      However if you follow what we are doing then Schengen will not apply as you will be crew on a yacht in transit and will in affect not be stamped for Schengen so you can sail and come ashore as long as you do not overnight on land for the length of time that your vessel is allowed for the VAT clock. Regards Richard

  • @sailinghjem
    @sailinghjem Před 3 měsíci

    Thank you very much for sharing your experience, this is a really interesting angle that you’ve uncovered. Thank you also for taking the time to provide additional feedback in the comments.
    We will be in Gibraltar (non EU) this winter as UK (now non-EU) citizens. When we move on to Spain, we would like to do exactly as you’ve done and somehow register as crew rather than stamping into the Schengen arrangement and associated shuffling. As we arrive into Spain already from a non-EU country, what does the first interaction with Spanish authorities look like? Do we simply produce boat papers, a crew list and verbally state that we are crew in transit? Or would an interaction with an agent still be advisable who would I assume handle this discussion on our behalf? If so, I see the agent that you used has an office in Majorca, which would logically make this a first port of call in Spain.
    Thanks again for the great insights, I hope you can help us understand what it would look the above scenario.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      Hi, we have not got experience with Spain so first I would contact an agent. However I have been told you can go to Marina Sant Carles de la Rapita and then go to the town Tarragona to get processed with your crew list. I believe they will check up out of the EU as we were in Menton if you have had to checkin elsewhere. I can not verify directly that this is true but just what I was told in a bar this week. Welcome to the Med!!

    • @sailinghjem
      @sailinghjem Před 3 měsíci

      @@sailinghelios2023 thank you again for your help. We’ll look into this and report back 👍

  • @stephenburnage7687
    @stephenburnage7687 Před 3 měsíci +1

    I think I have found the relevant section. Annex VII, item 3 of the Schengen Border Code, states that: "By way of derogation from Articles 5 and 8, Member States may authorise seamen holding a seafarer’s identity document issued in accordance with the International Labour Organization (ILO) Seafarers’ Identity Documents Convention No 108 (1958) or No 185 (2003), the Convention on Facilitation of International Maritime Traffic (FAL Convention) and the relevant national law, to enter the territory of the Member States by going ashore to stay in the area of the port where their ships call or in the adjacent municipalities, or exit the territory of the Member States by returning to their ships, without presenting themselves at a border crossing point, on condition that they appear on the crew list, which has previously been submitted for checking by the competent authorities, of the ship to which they belong........
    This is similar to item 2 (aircrew) and item 1 (heads of state), in that such a derogation means that the crews passport need not be stamped which, defacto, means that the 90/180 day never applies.
    However, it would seem that it is up to the individual national state (or Port or officer), to satisfy themselves that you are suitably qualified as "crew" (there are strict rules on which airline employees are and are not so exempt and one would expect no lesser standard for seamen). However, provided the officer concludes that you are exempt, on this basis, they should not stamp your passport (on entry or departure, even at the airport). What is hard to envison, until fully implemented, however, is whether this provision will be impacted by the new EITAS system. We probably won't know that until it is fully rolled out.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      Hi Stephen, yes this is the relevant bit of information but it is still not clear how this applies to pleasure craft, but as you say each member state can decide this. There are also things in the Schengen law about what another member state can do once someone has been cleared in by the first member state. I am being a bit cautious here as I'm not a lawyer so don't want to be seen advising people why you can do it but rather just inform people that it is being done and that going to an agent is a good way to start. Regards Richard

    • @ecnaruaL
      @ecnaruaL Před 2 měsíci +1

      This indeed is how non-EU crew employed aboard yachts or commercial ships manage. On presenting themselves at the port police with their Discharge Books, employment contracts, crew list and details of the vessel to which they belong that is checking in or is checked in, they can request a Schengen OUT stamp with the ship symbol in their passports. This effectively stops their 90 days counting down but means they must remain 'nearby' the ship (20km is a commonly accepted) and always carry their discharge book and passport. Should the crew wish to go ashore on shore leave, they must get stamped back into the Schengen first. For cruisers who happen to hold a Discharge Book, this may well be worth trying to make work through a local agent, every little helps.

  • @terry1jf
    @terry1jf Před 2 měsíci

    Hi!
    I don’t suppose there’s a place to see all the ports you visited and checked in with your constituto and crew list, ie all the ports where this process you described worked as planned.
    Thanks!

    • @sailinghelios2023
      @sailinghelios2023  Před 2 měsíci +1

      Hi, here is the list off the top of my head:
      Monaco/Menton: Checked out of the EU using an agent by visiting French Immigration at Menton.
      San Remo - Italy: Opened Constituto with the Coast Guard
      Porto Turistico di Roma: Constituto stamped by Coast Guard
      Termini Imerese: Constituto stamped by Coast Guard
      Syracuse: Constituto surrended to Coast Guard. We had to do this via a third person as we left from Ragusa and it does not have a Coast Guard office.
      Valetta, Malta: Announced arrival from Italy, flag of vessel, POB and their nationalities.
      Valetta, Malta: With Police completed vessel departure form and they took two copies of our crew list.

    • @terry1jf
      @terry1jf Před 2 měsíci

      Thanks!

  • @stephenburnage7687
    @stephenburnage7687 Před 3 měsíci

    As you probably know, from 2025 a fully digitalised process 'EITAS" will be introduced in Europe, to monitor all visitors that are not required to obtain a visa (ie US, UK, Australian citizens etc). While modeled on the (US) ESTA system (which only controls entry by air), the Commissions pamphlet on the EITAS specifically references entry by land or by sea (although it still refers to 'carriers' being responsible). Moreover, the Commission specifically references the need to regularize what is currently inconsistent enforcement of the 90 day rule (ie, upon exiting the area, it can happen that an officer might go through all your passport stamps, to add up if you have violated the 90 day rule, but this is the exception rather than the rule). Have you looked into this?

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Hi Stephen, yes we are aware that this system is coming but it is unclear how this apply to us. My guess would be that it doesn't but that is only a guess. My reasoning is that this is about the standardisation and enforcement of Schengen but what we are using is not Schengen. So for example I don't think this sytem will be used by commercial crew on boats. One thing for sure with this system is that it will avoid the variation across the EU that is present right now. Regards Richard

  • @pacha.racing
    @pacha.racing Před měsícem

    Quick question. Why did you not clear out of Malta when you left to essentially stop your clock like you did in Monaco? Do you plan to clear out in another country you're visiting in the EU so you can stay longer than 90 days? Rgds, Mike

    • @sailinghelios2023
      @sailinghelios2023  Před měsícem

      Hi Mike, when you enter Malta they will stamp your crew list at immigration rather than your passport so the clock isn’t ticking.

  • @macsinvan
    @macsinvan Před 3 měsíci

    Hi Again,
    As I mentioned in the previous post, we are picking up our catamaran from La Rochelle, France in April. I have been told by a reputable source (as always in such maters, they caveat with "Don't quote me") that customs in La Rochelle will check us out of the Schengen and allow you to proceed as crew.
    I'm now starting to prep my documentation for this, specifically a crew list template. I have downloaded yours and others. They are in two different types:
    Yours seems to be a per port check-in format. Others I have seen is simply a running log of crew with a single line that includes when/where they join and leave.
    In your experience, what do the port police do with the crew list? Do they stamp it when you check in at the port police and then again when you arrive and depart a port? Also, I do not see how your form handles a visiting crew member who departs the boat at a port along the way, IE arrives on the boat, then flies home?
    Any and all help welcomed (I will not quote you!!!), just wanting to build on your experience. Once we are on the water I will share our experience to help others.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      Hi, I have updated the crew list link in the description. I thought it was linking to the one had used but not so. The one now linked is the CYA form that we use: www.noonsite.com/wp-content/uploads/2020/08/Crew-List-template.pdf
      So, it is a running log and the crew sign on at their port of embarkment and then sign off at their port where they disembark.
      So, for most places there is no need to check into port police as you move around but here is when it came into play for us.
      When we first checked out of the EU we made a crew list that was presented to French immigration to stamp us out of the EU and for us to be crew on our vessel. I assume that they took a copy of this but it was not stamped by them.
      In Italy I had to present my crew list and passports to the Coast Gaurd when we opened our Constituto (Transit log) and at each port in which we were staying and then finally as we left Italy.
      In Malta I had to provide two copies of my Crew List to the Police when they completed our vessel departure.
      I hope this helps. Regards Richard

    • @macsinvan
      @macsinvan Před 3 měsíci

      @@sailinghelios2023 Thank you that was the one I was looking.

  • @stevenschapera2888
    @stevenschapera2888 Před 29 dny

    Where do I find the link to the Monaco-based agent you used?

    • @sailinghelios2023
      @sailinghelios2023  Před 29 dny

      Hi,
      In Monaco we used Mediterranean Yacht Services. Laura looked after us.

  • @Corkedit
    @Corkedit Před 3 měsíci

    How did the checking out of Europe and using the crew list non shengen entry 90 days?

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      I’m not sure if I completely understand your question but if you are asking how the check out of EU went then this was very simple. Upon exit of Malta they completed a vessel departure form and took two copies of my crew list. It is not an immigration process as we are not stamped into the EU.

    • @Corkedit
      @Corkedit Před 3 měsíci

      @sailinghelios2023 OK yep you answered it. I'm going to ask the RYA and cruising association to see what their comments are. Might try it in Cherbourg soon.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Great, let us know how it goes.

  • @JaywalkingTheWorld
    @JaywalkingTheWorld Před 3 měsíci

    When do you arrive in Malta?

  • @NikolaRadosavljevic82
    @NikolaRadosavljevic82 Před 3 měsíci +2

    Is there an age limit for crew?

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      That is a good question. We know of someone who was told that kids can’t be crew and another case where they were told they can. This might be a case of finding an agent/country that will do it.

    • @methyleneblue4659
      @methyleneblue4659 Před 3 měsíci +1

      Read the IMO 1965 Convention. There are sections covering crew and passengers. The kids can be entered on the crew list as passengers.

    • @RichardLozell
      @RichardLozell Před 3 měsíci

      Thank you. Maybe take this document with you just in case you get an agent /official that says no.

  • @nickmn6108
    @nickmn6108 Před 3 měsíci

    Are you saying because you check out as crew on your own boat during the first 90 days you get another 90 days immediately you book in as owner of your boat??

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Hi Nick, once you are checked out with your passport and you are crew on your boat then the restriction becomes how long the vessel can remain in the EU. For us that is 18 months.

    • @nickmn6108
      @nickmn6108 Před 3 měsíci

      @@sailinghelios2023 OK thank you. My boat is registered in the UK so I don't think I am allowed 18 months, just the 90 days.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Ok, I would look into that. Our boat is registered in Australia and we are allowed to have the boat in EU waters for up to 18 months before we would need to pay VAT. This is a customs process independent of the crew unless the captain/owner is an EU citizen.

    • @methyleneblue4659
      @methyleneblue4659 Před 3 měsíci +1

      No... The boat is allowed 18 months with an instant reset on an out and return. Any 3rd country citizen from a visa exempt country on a 3rd country boat can stay indefinitely under IMO Convention rule. So you can do it, but you need to get an agent to do it for you.

    • @nickmn6108
      @nickmn6108 Před 3 měsíci

      @@sailinghelios2023 Ok thank you

  • @iainhunneybell
    @iainhunneybell Před 3 měsíci

    So you talk about the 18 month rule relating to the boat, but…
    1. Are you not subject to a 90 in 180 days rule for _you_ to be in the Schengen area?
    2. When you talk about VAT, would you know whether this is VAT paid within the EU only, i.e. a post-Brexit UK vessel, VAT paid in the UK, therefore not _EU_ VAT paid, v. a boat bought with VAT paid within the EU, either in the UK pre-Brexit or in an EU country? I realise you’re Aussies and so this doesn’t directly impact your yacht, but maybe you or someone else might know the answer?
    And thank you for _really_ helpful content 😊

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +2

      Hi Iain, in effect you have not checked into the Schengen area and do not have a stamp in your passport and thus are not subject to this law. You are travelling as crew on a vessel in transit. This has its own set of rules and you cannot do things that people who have checked into Schengen can do, e.g. go on a tour around the country staying overnight off your boat.
      The VAT rules and how they apply to Brexit are complex so I don't understand them completely. My general understanding is that the EU will be concerned with VAT paid in the EU only. Since the UK used to be part of the EU then there are some rules about this VAT counting. I also understand that there are rules about the length of time EU VAT paid boats can be out of the EU before their VAT paid status expires. Thankfully this is not a challenge we need to face. Notwithstanding all of this the 18 month clock for VAT is an easy thing to navigate as you only need to leave for a day for the clock to be reset and you can suspend the clock if you are leaving your boat for an extended time in EU when you are not using it.
      Regards Richard

    • @iainhunneybell
      @iainhunneybell Před 3 měsíci

      @@sailinghelios2023 Many thanks Richard. I've just been watching your original video on this and so now better understand the 'You're never in the EU and so the 90 days aren't counting' principle, but also the restrictions about needing to 'live' aboard the yacht and not sleep ashore. I guess that means any refit either outside the EU or you'd need to check-in for any period when you might need to stay off the boat.
      What I had not realised until seeing your original video earlier this morning was that the Schengen area and non-Schengen EU count their days separately. I had believed 'EU was EU' and so the 90 day clock was ticking no matter which EU country you were in. However, I see from www.gov.uk/travel-to-eu-schengen-area that:
      "*Travelling to EU countries that are not in the Schengen area*:
      Bulgaria, Cyprus and Romania are not in the Schengen area. You can stay up to 90 days in a 180-day period in each of these countries without a visa.
      Any time you spend in the Schengen area does not affect the number of days you can spend in these countries."
      I presume the same applies in reverse (although it doesn't say this), suggesting you could shuffle between (say) Greece (Schengen) and southern Cyprus (EU, but not Schengen). Obviously northern Cyprus is to all intents and purposes Turkey and so outside, but possibly would count days separately to Turkey.
      I'm also unclear on the status of Gibraltar. Obviously its an independent British dependency, but I'd seen that it was considered inside the EU for 'day counting' and possibly VAT purposes, so more to investigate there.
      What is different for me is that until Boris and Farage apparently 'liberated me', none of this was an issue. The biggest problem was red diesel (reduced VAT) in the fuel tank of British registered vessels visiting the EU. Now it's a complete nightmare 😞

    • @iainhunneybell
      @iainhunneybell Před 3 měsíci

      @@sailinghelios2023 Our issue is complicated by my wife needing to return to the UK regularly for medical treatment. That means flights back to the UK, and you can't fly out unless you're 'in', meaning she'd have to keep checking-in (leaving the boat), just to be able to fly out. Then on flying back in she'd be 'in' again, and so would need to be checked out again to go back to being 'crew on a transiting vessel'. If that can only be done in certain locations and is EUR600 a pop, that becomes unworkable.
      Maybe we'd need to work a spring-break-autumn cruising basis, so avoid the peak season, peak crowds and peak temps, and so keep to the 90 in 180 rule. All more chaos and fallout from my great friend, Boris 🤬

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      There are a number of countries where you can get out of the Schengen area however not of them are that big, other than Turkey, so actually spending three months cruising their waters is not really feasible. Once Croatia joing the Schengen zone it really changed the balance. The eastern Med has more options than the western Med but still it is a constraint on travel.
      I won't even make comment on Brexit. I am eligible for a UK passport which I thought would be quite useful until this happened.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      There are places that you can easily disembark and be checked into Schengen to fly out and vice versa when you come back. The price we paid was very expensive but I believe that this can a lot cheaper in places in Spain and Greece.

  • @relicelevenosix2333
    @relicelevenosix2333 Před 3 měsíci

    Hello to you both.
    Congratulations on finding this loop hole for yourselves.
    May I please ask a two part question that perhaps yourselves, or viewers, may be able to answer ?
    Your vessel is Australian flagged, non vat paid, and you are both non EU citizens or residents. Therefore, your boat is indeed “in transit” between point A and wherever. The med lying between those two points for now.
    Your boat however, has to leave EU waters even if only for a day before 18 months expires as explained in your video
    Now the two part question.
    A UK resident with a UK registered boat sails their boat between point A and wherever. The med also lying between the two points.
    The British crew are now also non EU citizens or residents.
    The boat as yours, being in transit, has a period of VAT freedom before having to leave EU waters and re start the VAT clock.
    Therefore, The crew, and boat, being in transit, can use the same principle as yourselves and dodge both the Schengen and VAT clock.
    Classifying as crew, not sleeping off the boat, and leaving EU waters even if for a day to restart the VAT clock.
    However, if a UK resident, has a British registered boat that was in EU waters before Brexit, and as part of the settlement agreement the boat does not have to leave EU waters for any reason it would not be regarded as “in transit” as its Recognised, permissive, base is in the EU.
    Therefore, the crew or boat are not considered In transit, as the boat is in its home waters even though UK registered, and the crew cannot use the same principle as yourselves to dodge the Schengen clock.
    Would yourselves, or any viewers, be able to endorse this theory as correct or otherwise ?
    It may of course, require an agent such as you used to clarify.
    For clarity, I fall into the second category of the question.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      So, for the first two example they are equivalent as they are third party citizens on a third party boat.
      I could not completely answer for second question but here are my thoughts. Consider paid crew on a commercial ship that is EU registered but the crew are not EU citizens, I believe that they are allow to stay in EU waters under the IMO 1965 treaty, not because the vessel is in transit. If this was extended to pleasure boats they I would think the same applies.
      However, all sorts of rules have been put in place to deal with Brexit that I will not even pretend to understand.

  • @teddyboysdontknit810
    @teddyboysdontknit810 Před 3 měsíci

    Obviously your experiences are useful to understanding how currently all Schengen members approach the customs controls differently, although this should all change after the new computerised system comes into force. However, I’m not sure why you call this to beat the Schengen shuffle? Corrected me if I’m wrong, but you are owners of the boat, not paid crew, so you have to abide by the Schengen 90/180 day visa free access, therefore you have beaten nothing, or have I missed something? Why was the 18 months comment reassuring as you were aware he was wrong and it only related to the boat and its vat statues.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci +1

      Hi, the point here is that we are not following the Schengen rules because we do not come under that regulation. We are crew on our boat that is in transit. I believe that this stems back to the IMO 1965 treaty on the freedom of movement of vessels. What is happening here is what I believe was common practice prior to Schengen and as Schengen allows member states to honour prior treaties and bilateral agreements then this is what I think is happening here. That is just my theory. What we are telling you here is what is happening in practice so that people just don't assume that they have to follow Schengen. The comment about the 18 months is in regard to the duration that the vessel can stay in EU waters and thus as crew on that vessel how long we can stay. It was reassuring because this official was not telling us we only had 90 days as people assume under Schengen.

    • @teddyboysdontknit810
      @teddyboysdontknit810 Před 3 měsíci

      @@sailinghelios2023 I understand what you are saying and am aware that crew have different visa regulations, however, as I said before you are owners of the boat and not paid crew therefore in realty this treaty should not or (might not) apply to you. I appreciate that many customs representatives are not fully aware of the rules and simply give out forms to complete, but I would be careful giving out information that is ambiguous, even though you have used it.
      If you wish to leave your boat in Europe and fly home for a short while, I beleive you will have a problem at passport control, wether you have been staying in a hotel, floating home or Palace, you are a none EU Citizen with 90/180 day visa freee access to them. I have known many none EU live a boards and all of them have returned home or taken the boat out of the Schengen zone after 90 days.
      Taxation requirements for boats in transit and VAT requirements are as you have said. My boat is UK flagged but can stay in Europe as long as it wishes with no problems, obvious with the UK no longer in the EU, VAT becomes an issue, however in my case I am VAT paid before Brexit.
      I will do some more reading and ask friends that crew super yachts as I could be mistaken. If I have a definitive answers I will post again.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Don't get me wrong, I understand your concern and we all wish for clear consistent application across the EU. However the way that it is still leaves each member state to apply things differently.
      You are correct that you would have a problem if you left your boat and then tried to fly out. There is a disembarkment process that you should follow that gets you stamped into the EU before you depart. Sometimes this is done at the airport and sometimes at ports.
      Very happy to hear back with what you find.

    • @teddyboysdontknit810
      @teddyboysdontknit810 Před 3 měsíci

      @@sailinghelios2023 I have googled the question, (not always with a correct response) but the answer came back as NO - as an owner family owner skipper you have no more access than the Schengen 90/180.
      I think that reply came from Noonsite.

    • @teddyboysdontknit810
      @teddyboysdontknit810 Před 3 měsíci +1

      Sorry for the auto correct, it sometimes makes a mess of a sentence, should have looked before posting.

  • @MARIOSAILOR1
    @MARIOSAILOR1 Před 3 měsíci

    We spend 6 months in Monastir, good staff marina, be carefull with The motoring lines, there is no mantenation on The marina. I dont agree with "very good work material" yes, good prices but dificull to get good and respect able workers, get good material its a nightmare. There is no respect with The envirnoment, and The way they great The animal its a real Shame. Be carefull with what you eat, Many sailors get Seek. Very beautiful country, with some wonderfull people that we met.
    Unfortunaly, The most of The workers just whant your Money because you are "reach".
    Enjoy, have a Nice time.

    • @sailinghelios2023
      @sailinghelios2023  Před 3 měsíci

      Hi, we have been here for a few months and we were very happy with the work done by the stainless steel fabricator we used. He did a great job with good quality materiels. You are correct though as it is not easy or just impossible to find some things so a lot of people bring what they need with them. In the past few months the marina has been under going a bit of development with works occuring within the marina and the shops and resturants that surround it. It is indeed a beatiful country and the people have been wonderful.