Schengen rules have changed

[Katiusha]

As of 18th October 2013, the method of calculating the days one can stay in the Schengen area, is changed: DGs - Home Affairs - What we do - ...Schengen, Borders & Visas - Border crossing


The main change is that

contrary to the definition which was in force until 18 October 2013, the new concept is more precise by setting the duration in days, instead of months. Moreover, the term "from the date of first entry" which gave rise to many uncertainties and questions (especially after a judgment of the Court of Justice of the EU from 2006 (Case 241/05 "Bot)) has been dropped from the provision.

The notion of"any" implies the application of a "moving" 180-day reference period, looking backwards at each day of the stay (be it at the entry or at the day of an actual check) into the last 180-day period, in order to verify if the 90 days/180 days requirement continues to be fulfilled.

Also note that EC proposed a new Registered Traveller Program that would automatically enfource the new rules upon entering and leaving Schengen area. It is described at the end of Harmonising Rules and Procedures section of the webpage.


To make calculations easier, a “Short stay calculator” is now available from that same page. The User Guide for the calculator explains how the length of stay is calculated: http://ec.europa.eu/dgs/home-affairs..._manual_en.pdf

Note that the old definition ("3 months during a 6 months period following the date of first entry") continues to apply to citizens of Antigua and Barbuda, The Bahamas, Barbados, Brazil, Saint Kitts and Nevis, Mauritius, and Seychelles.

I have emailed noonsite and JimBSail to update.

[monte]

thanks guys..hope all is well aboard Bliss

[sailorboy1]

Guess I don't get it, what practical difference is the change for a cruiser?

[Katiusha]

Instead of the 90 days in a 6 month period that started on the first entry, it is now a rolling period of 180 days.

This means that by the old rules you could set it up so you could spend 89 days, leave for 1 day, and come back for another 90, effectively spending 6 months in Schengen. Now this scenario doesn't work and you're limited to only 90 days.

[monte]

the past rules allowed you to fly into europe for a day, fly out, fly back 3 months later, stay 6 months. The new rules have sewn up the loophole...Now its 90 days in, 90 days out..

[monte]

jinx..

[Nikki S]

So has anyone successfully got a long stay visa without having family or employment ? We are about to apply to Italy . Have to pick our Boat up from France in May, however (and we are currently in Australia) so I'm wondering whether we can go to France first and then on to Italy , or whether we have to fly into Italy first, then go to France to get boat. Any tips, people?

[monte]

I had a long stay french one 2 years ago (1 year visa) My girlfriend is French so it made it easier, otherwise its a PITA. I think you would have to fly to Italy because they usually want you to have a meeting or doctors test, but perhaps not. It depends, I guess you will have a visa stuck in the passport before you leave and that may be enough for the French, Portuguese and Spanish authorities to believe you haven;t overstayed your schengen visa. Where are you collecting your boat?

[chuckr]

Originally Posted by Nikki S

So has anyone successfully got a long stay visa without having family or employment ? We are about to apply to Italy . Have to pick our Boat up from France in May, however (and we are currently in Australia) so I'm wondering whether we can go to France first and then on to Italy , or whether we have to fly into Italy first, then go to France to get boat. Any tips, people?

not france but spain -- we actually tried to get a visa in spain from the national police in madrid -- we are retired and have our own income so we were not looking for a handout --
the police were sympathic and told us they could not do anything in madrid but if we were to take a train to portugal and go to the spanish embassy there we could apply for a visa for an extended stay and it would probably be granted -- we just could not do it in country and it had to be done out of country
we did not do it as we had left lisbon a few weeks prior and with time getting short for us to put the boat in we decided to head to tunisia instead

[Nikki S]

Thanks for the reply. We collect boat from Marseilles but have chosen Italy for long-stay visa application, for various reasons. Just wondering if we have to fly into Italy from Australia, or if we can enter Italy after France, and get a normal 90 day Schengen tourist visa to cover us in France.....

[Stu Jackson]

I am pretty sure many have posted before about this nonsense, but I'm not sure if anyone has asked the basic question of why do they do this?

Doesn't it make it harder for boaters? And doesn't it discourage "tourism?"

Sorry about the basic dumball question, but, basically what the heck is the prupose of this seeming nonsense?

Isn't it like holding up a BIG flag saying: "WE DON'T WANT YOU?"

[Nikki S]

Possibly caused by fear of illegal immigrants....? It's the same in a lot of countries: "90 days no problem, but if you want to stay longer we are going to make it hard for you." It's a shame because the longer we stay the more money we will spend there, instead of waiting elsewhere so we can come back at the right time to sail us and our money across the Atlantic.....

[monte]

YEs I would fly directly to France, no paperwork needed and you will automatically have 3 months before you need to depart or arrive in Italy

[goboatingnow]

Originally Posted by Stu Jackson

I am pretty sure many have posted before about this nonsense, but I'm not sure if anyone has asked the basic question of why do they do this?

Doesn't it make it harder for boaters? And doesn't it discourage "tourism?"

Sorry about the basic dumball question, but, basically what the heck is the prupose of this seeming nonsense?

Isn't it like holding up a BIG flag saying: "WE DON'T WANT YOU?"

90 days is more then enough for the vast vast majority of ordinary tourists. What's your problem. Do you expect the whole EU immigration process to be changed to facilitate a few dozen long term non EU cruisers , please

Dave


Sent from my iPad using Tapatalk

[monte]

seems like most countries are the same. USA requires a visa for longer than 90 days, Australia as well..