Private Yacht Crew - Getting in to Spain (Sep 20)

[sailing4us]

Hello All
We are trying to meet a private yacht in Barcelona. It's new, recently delivered. We would be on the yacht for 60-90 days helping with crewing and sea trails / shake down cruises.

This is a non-commercial engagement. Paying it forward for some friends.

Anyone know how private, non-commercial seafarers can navigate the EU Exception rules and process?

Thanks
Jeff

[Montanan]

Specifically what rule or rules are you seeking an exception to?

What jurisdictional rule or rules, EU, Spain, etc.

Topic: Immigration, work permits, travel restrictions, maritime crew, Covid-19 protocols, etc., etc. . . .

[sailing4us]

We believe we need to qualify for the essential travel requirements / exceptions for flying in from the USA. Seafarer is the logical exception, though it's rightly focused on commercial seafarers / boats.

Wondering if anyone has specific insights on how best to clear the EU requirements for our situation as outlined above.

[Montanan]

(UPDATED September 21, 2020)
Country-Specific Information:

https://es.usembassy.gov/covid-19-in...%20by%20region.

Due to COVID-19 Spanish travel restrictions, U.S citizens cannot enter Spain unless they meet very specific requirements or have already obtained special permission from the Government of Spain.

Restrictions related to COVID-19 remain in effect throughout Spain and vary by region within Spain and the restrictions are subject to abrupt changes, meaning you can not plan with assurances as to travel. U.S. citizens should monitor regional government social media and local press reports for more information. Ensure you are familiar with local requirements prior to travel between regions in Spain and remember to follow the instructions of local authorities. Not doing so could result in fines or arrest.

Effective Monday September 21, 2020, the Madrid region has imposed new restrictions based on Covid-19 infection ratios. Some restrictions apply to the whole region, while others apply to certain areas only:


Affecting certain areas of Madrid (see here a list of the affected areas):

Movement and activities within and to and from these areas is limited to indispensable activities, so you cannot go outside unless it is for a legitimate and essential purpose.
Entry and exit is authorized for: work, medical reasons, access to educational facilities, returning to your residence, taking exams, helping the elderly, minors or disabled population, banking, insurance, legal, or administrative matters, and any emergency or force majeure situation.

Entry and Exit Requirements:

United States: U.S. citizens and U.S. Legal Permanent Residents LPRs will be permitted to return to the United States from the United Kingdom, Ireland, and the European Schengen area, which includes Spain. The U.S. Department of Homeland Security (DHS) issued instructions requiring U.S. passengers who have been in the United Kingdom, Ireland, and the Schengen area to travel through select airports where the U.S. government has implemented enhanced screening procedures. See the DHS website for further details. The Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market issued April 22, 2020, and expanded June 22, 2020, does not apply to U.S. citizens or U.S. LPRs, who may return to the United States.

Very limited commercial options to go to Spain or to return to the United States from Spain are available, although flight cancellations are frequent. Work with your airline directly to re-book your flight or obtain a refund. While limited direct flights between Spain and the United States exist, U.S. citizens may have to transit through a third country to reach the United States, which third country may have its own set of restrictions. This applies to both going from the US to Spain and return from Spain to the US.

Spain: Please check the Spanish regulations carefully before attempting to travel. If you travel to Spain and are not admitted, you will be placed in immigration detention for up to several days, until a flight on the same airline becomes available to take you back to your point of origin.

Transportation options and border restrictions continue to change throughout Europe. U.S. citizens can depart the European Schengen area, including Spain. For information about entry and exit requirements, please visit the Spanish Embassy website. According to Spanish regulations dated July 17, 2020, Spain’s borders are now open for the following persons:

Habitual residents in the European Union, Schengen Associated States, Andorra, Monaco, The Vatican, or San Marino.
Holders of a long-term visa issued by a Schengen member of Schengen Associated State who are going to that country.
Health professionals coming to Spain for work.
Goods and transport personnel in the practice of their duties.
Diplomats, consular, international officials, military personnel, civil protection and members of humanitarian organizations in the practice of their duties.
Students who study in one of the EU/Schengen member states and possess the appropriate visa or equivalent permit and medical insurance who travel within the course of their academic studies or 15 days prior.
Highly qualified workers including participants in high-level sporting events that take place in Spain.
People traveling for duly accredited family reasons.
People traveling for duly accredited humanitarian reasons of reasons of force major.
Residents of Algeria (see order), Australia, Canada, Georgia, Japan, Morocco (see order), New Zealand, Rwanda, South Korea, Thailand, Tunisia, Uruguay, or China (see order) provided that travelers have come directly from these countries or only made international transits at airports outside of these countries.
If your situation does not fall into any of the above categories, and you have an urgent need to travel to Spain, please consult the closest Spanish Embassy or consulate about your specific situation before making travel plans.

Before traveling to Spain, all passengers arriving from third countries must complete the Health Control Form (FCS) and show the QR code at the Border Health Control at the airport upon arrival in Spain. The form must be completed for each passenger. Parents or legal guardians can complete the form for minors, dependents, or disabled persons. You can start the form at any time before your flight, but you can only answer health questions and finalize the form 48 hours before your arrival in Spain. The FCS form and additional information is available in English here.

As a reminder, you may be fined and/or detained if you do not comply with these regulations. The fines are significant, ranging from 600 – 60,000 euro.

Basically for the duration of the pandemic, as to non-essential travel which recreational boating is non-essential, it remains STFH time.

[Dogscout]

Montanan just gave you the written rules that alot of people have been watching for months. EX: I have been trying to get back to my boat in Greece, I am in the US.

Your best bet mat be to write to the closest Spanish Consulate and ask for permission. That said, the idea may be to use the commercial seafarer path in your discussions with them. Do you have a seaman's book? If you are employed to do this, the consulate may see this as non tourism/recreation. Of course Sea-trials and Shake-down cruises of 60-90 days sounds like a bit of BS unless this is a large commercial yacht.

[Montanan]

Note: The following reference notices are Pre-Covid. One will need to contact the local consulate [not an honorary consulate] to determine the rules that are in place during the pandemic.

Reference:
http://www.exteriores.gob.es/Embajad...28SPAIN%29.doc


EMBASSY OF SPAIN

COURTLEIGH CORPORATE CENTRE, 6TH FLOOR
(Formerely ISLAND LIFE CENTRE)
6 ST. LUCIA AVENUE, KGN 5
TEL: 929 5555
FAX: 929 8965
E-mail: emb.kingston@maec.es

Opening Hours: 9:00 am – 1:00 pm


VISAS FOR NON-EU SEAMEN WHO INTEND TO ENTER SPAIN TO BOARD NON-SPANISH SHIPS


Requirements:

1. Schengen visa application form completed with signature and date of application

2. One passport size photograph.

3. Valid passport (if passport has been issued less than one year the previous expired passport is also required. Passport must be valid for at least 3 months after validity of the visa).

4. Seaman’s Passbook.

5. Travel Itinerary.

6. Letter of employment

7. A letter of invitation from the Spanish maritime agency (ship owner, agent or consignee of the ship) in which the following information should be included:

a) name and surname of the seaman

b) date and place of birth

c) passport number, date of issue and period of validity

d) seaman’s passbook number, date of issue and period of validity

e) job position on the ship on which he will board (if there are various seamen this information should be included in a list, signed and stamped and attached to the letter of invitation)

f) date and port of entry in Spain

g) name of ship

h) flag of ship

i) port of boarding in Spain

j) duration of the stay on board

k) port of disembarkation

l) date of return to the country of origin

m) travel itinerary to Spain and return to country of origin

n) name and address of the agency responsible for the crew member in country of origin as well as agency responsible for the crew member in Schengen State.

Visa Fee: JMD 12,294.00 (The visa fee is non-refundable and is to be paid in cash upon submission of visa application)

Processing time: 5 days

You may submit the application within 180 days of arrival in the Schengen Zone, no earlier.

IMPORTANT!

NO firearms or weapons allowed! Persons carrying firearms or weapons will NOT be permitted entry.


Further reference:

http://www.exteriores.gob.es/Consula...%20SEAFERS.pdf

VISA FOR SEAFARERS IN TRANSIT
IMPORTANT NOTICE

As of July 1, 2019, all applications for short‐term Schengen visas (type C, stays of up to 90
days), among them are visas for seafarers in transit, submit submitted to BLS Visa Service for
Spain (250 Catalonia Ave, Suite 706, Coral Gables Miami 33134).
Request an appointment on the following website: https://usa.blsspainvisa.com/miami/
Email: info.miami@blshelpline.com
Phone 786‐329‐7199
For the rest of visas (studies, residence ...), the Visa Section requested the submission of
applications from MONDAY TO FRIDAY ONLY from 8.30 a.m. to 1.30 p.m. In these cases no
appointment is necessary. Applicants are recommended to come first thing in the morning.

The Consulate responsible for processing a uniform visa application for transit purposes is: in
the case of transit through a single Member State, the Member State concerned or; in case of
transit through several Member States, the Member State whose external border intends to
cross the applicant to initiate transit. The Schengen States are: Germany, Austria, Belgium,
Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Italy,
Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, the Netherlands, Poland,
Portugal, Czech Republic, Sweden and Switzerland.
Honorary Vice Consulates of Spain are not allowed to issue visas.

For these purposes, “sailor” means any person who is employed or who works in any position
aboard a maritime navigation vessel or a vessel sailing in international inland waters.
You can apply for a visa at this Consulate General if you are going to start transit through a
border in Spain and you are a legal resident in Florida, Georgia or South Carolina. Due to the
quantity of applications received by this office, it is recommended that you plan your trip to
the Schengen area with sufficient time to apply for an appointment and to process your visa
application. Holders of a B1/B2 visa must apply for a Schengen visa in their country of origin or
permanent residence.
To find out if, because of your nationality, you need a visa for transit purposes, you can check
the following lists of countries. In cases where it is enforceable, it allows one, two or,
exceptionally, several times to transit.
The Schengen visa application (official model) must be submitted personally, not more than
nine months before your trip and at least fifteen calendar days before it. Visa applications will
not be accepted more than 270 days before the planned travel date.

WHAT TO SUBMIT (Original and copy of all the documents requested)
1. Consular rate. Payment must be made with MONEY ORDER (Non‐refundable) addressed to:
"CONSULATE GENERAL OF SPAIN".
2. Two Schengen visa applications completed in full clearly and signed by the interested party.
3. Two recent color photographs, centered, with a uniform and clear background, preferably
white. Photographs with a dark background or in which objects or people behind the head are
not accepted.
4. Passport or travel document recognized and issued in the last 10 years, valid for more than
3 months after the planned stay and contain at least two blank pages.
5. Driver's license or identity card with the current address of the State of Florida, Georgia or
South Carolina.
6. Immigration status in the United States: residence card, study visa or US work issued in the
passport itself, "parole". The residence permit or visa must be valid at least three months after
the date scheduled to leave the Schengen area. B1‐B2 holders must apply for a visa at their
place of residence.
7. Letter from the cruise line or vessel specifying the title of the position to be held by each
worker, port of entry, return test, transit period, itinerary and name of the ship
8. Letter from the company assuming all responsibility and medical coverage
9. Invitation letter from the maritime agency with the following information:
a. Name and surname of the sailor
b. Place and date of birth
c. Passport No.
d. No. of Naval Notebook
e. Sailor employment on the ship
f. Entry day in Spain
g. Port of embarkation or airport of entry where appropriate.
h. Name of the ship and its flag
i. Duration of the stay on the ship
j. port of landing
k. Return date and itinerary
l. Confirmation that the agency will take care of the sailor upon arrival in Spain and upon
his return to his country of residence.
IMPORTANT NOTE
In the event of granting the visa, the applicant must collect it within one month of notification.
It this is not done within that period, it will be understood that the interested party has waived
the visa granted and the procedure will be filed.
The uniform visa enables the foreigner to appear at a border post and request entry.
Possession of a visa does not, in itself, confer an irrevocable right of entry.

[dlane1181]

Originally Posted by sailing4us

We believe we need to qualify for the essential travel requirements / exceptions for flying in from the USA. Seafarer is the logical exception, though it's rightly focused on commercial seafarers / boats.

Wondering if anyone has specific insights on how best to clear the EU requirements for our situation as outlined above.

I don’t like to be a naysayer, but I don’t think you have a valid reason for entering Spain at this time. It’s hard to justify anything related to a recreational vessel as essential travel.

We’ve been in Spain since before their initial lockdown, which started in mid-March. We had just returned from a trip back to the U.S. with our 1-year, non-lucrative visas in hand. We intended to stay a few months and then sail eastward, but similar rules in neighboring countries about non-essential travel have kept us in Spanish waters.

Ironically, I was introduced by a Spanish friend to the U.S. Consular Agent in Palma de Mallorca just 2 days ago. She was quite surprised to see an American yachtsman in Palma. She relaxed only after she heard our story as described above.

[Montanan]

Originally Posted by dlane1181

I don’t like to be a naysayer, but I don’t think you have a valid reason for entering Spain at this time. It’s hard to justify anything related to a recreational vessel as essential travel.

We’ve been in Spain since before their initial lockdown, which started in mid-March. We had just returned from a trip back to the U.S. with our 1-year, non-lucrative visas in hand. We intended to stay a few months and then sail eastward, but similar rules in neighboring countries about non-essential travel have kept us in Spanish waters.

Ironically, I was introduced by a Spanish friend to the U.S. Consular Agent in Palma de Mallorca just 2 days ago. She was quite surprised to see an American yachtsman in Palma. She relaxed only after she heard our story as described above.

Well it was fortunate that you pursued obtaining the 1 year visa and were not constrained to the usual short stay visa, 90 days in any 180 day period of the Schengen countries. I hope you have been enjoying your extended stay, albeit with the impositions of Covid-19 non-pharmaceutical intervention protocols and restrictions.

Buen viaje. Mantenerse sano.

[jmschmidt]

Better to be paid crew or better yet paid and licensed crew. They are considered essential workers under most countries' Covid-19 rules, but they might not be allowed to leave the boat once docked.

[Dogscout]

One interesting thing about already being in the Schengen area.

Nationals of visa-waived third countries who have remained in the Schengen area beyond the permitted 90-day stay
For nationals of visa-waived third-countries who are compelled to stay beyond the extended 90/180 days, the competent national authorities should extend the validity of the authorisations for legal stay, issue a new one or take other appropriate measures ensuring a continued right to stay on their territory. Information is available on the websites of Member States’ national authorities.

https://ec.europa.eu/info/live-work-...elrestrictions