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Old 16-04-2020, 08:57   #1
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Visa exemption

Hi brains trust, as we all know our world has changed incredibly in passing mths, with this so have plans.

As mentioned in other threads I'm now in Chiapas Mexico , not a bad place to stay BUT who knows where this goes, do the Pacific islands open up next year? if I left the boat can i even get back to her?

I'm someone that explores options, I can stay here, attempt to sell boat or do the long haul home and re enter the Pacific via New Zealand in a couple of years when/if life gets back to normal.

I have a US mate onboard, we sail well together, hes keen to cross the Pacific to Oz, the problem is travel restrictions in place stop him getting a Visa BUT we can apply for an exemption.

This is where you guys come in!!

Can anyone think of any arguments in the form of Colregs etc regarding why I cant shouldn't sail the boat back to Oz by myself thus requiring a visa for my crew?

My point as advised by Border Force is to present compelling arguments that will get Dave a visa which ultimately allows a Australian captain and ship to return home.

All advice welcome.

Cheers Dale.
Sukha.
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Old 16-04-2020, 14:34   #2
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Re: Visa exemption

Even with the long passage, the crew will (at present) be required to endure 14 days isolation in an hotel. He will be escorted there by armed ABF personnel. Once in Oz, I do not know if he will be allowed to leave, to return to the US, nor what transport he might be able to arrange. It is my understanding there is air freight traffic, but they may not be allowed to take passengers.

So far as I know, there is no loophole relative to the visa, but someone may have special knowledge.

Ann
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Old 16-04-2020, 15:16   #3
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Re: Visa exemption

I don't see that anything in Colregs would result in enabling a visa. But as to Colregs, all vessels are to keep a competent watch at all times. Single Handed boats do not keep proper watch keeping and thus are often / most of the time in violation of Colregs.

Of keen issue is that your vessel is not transporting essential cargo, it is a pleasure craft and thus inherently non-essential so crewing it would be non-essential. So that leaves the necessity to have a compasionate or compelling reason to travel to Oz. Coming from Kansas will not likely suffice.

FYI:

http://https://covid19.homeaffairs.g...ming-australia

I am an Australian citizen or permanent resident

All travellers arriving in Australia must undertake a mandatory 14-day quarantine at designated facilities (for example, a hotel), in their port of arrival.

You can travel to Australia if you are an Australian citizen, a permanent resident, an immediate family member of an Australian citizen or permanent resident or are a New Zealand citizen usually resident in Australia. If you are an immediate family member holding a temporary visa you will need to provide us with evidence of your relationship.

Australian citizen

Australian citizens can enter Australia, even without a valid Australian passport. If you donít have a valid passport, please advise airline staff that you are an Australian citizen and do not require a visa to enter Australia (even if you are a dual national). The airline will contact the Australian Border Force to verify your citizenship. It is important you get to the airport early in case of any delays. Departure from the country you are in is subject to the rules and decisions of authorities in that country.​

Permanent resident

You must undertake a mandatory 14-day quarantine at designated facilities (for example, a hotel), in your port of arrival. Provisional (temporary) visa holders cannot come to Australia.

New Zealand citizens usually resident in Australia

New Zealand citizens who normally reside in Australia (with a subclass 444 visa or other permanent or provisional visa) can come to Australia. You must carry proof of residency (driver's licence or documents that show your residency). Present it at check-in. You must undertake a mandatory 14-day quarantine at designated facilities (for example, a hotel), in your port of arrival.​

Important: New Zealand citizens and permanent residents not living in Australia can only transit through Australia to return to New Zealand. Refer to Transiting Australia.

I am immediate family of an Australian citizen or permanent resident
All travellers arriving in Australia must undertake a mandatory 14-day quarantine at designated facilities (for example, a hotel), in their port of arrival.

You may need to provide information to the Department before travelling to Australia.

You are only considered to be an immediate family member if you are:

a spouse
a de facto partner
a dependent child/ren
a legal guardian.

Guardians

A guardian, in relation to a child, is a person who has responsibility for the long-term welfare of the child and has all the powers, rights and duties that are vested by law or custom in the guardian of the child, other than:

the right to have the daily care and control of the child; and
the right and responsibility to make decisions concerning the daily care and control of the child.

If you donít have a visa

You can't come to Australia until you have a visa. Apply for a visa and include proof (such as your marriage certificate, your birth certificate or birth certificate for your children).

If you have a temporary visa (except for Partner and Child visa holders)
Use the enquiry form below to provide further information to the Department. You should attach proof (such as your marriage certificate, evidence of your de-facto relationship such as shared finances or property, your birth certificate or birth certificate for your children). Do not travel until we advise that you can.

Partner (subclasses 100, 309, 801, 820) and Child (subclasses 101, 102, 445) visa holders can come to Australia. You do not need to request an exemption.

Prospective Marriage (subclass 300) visa holders canít come to Australia at the moment.

Apply online for an exemption or provide further information
Apply online

Travellers who have a compassionate or compelling reason to travel to Australia can also use this form to apply for an exemption.

All others

Travellers who have a compassionate or compelling reason to travel to Australia will need to have an exemption from the Australian Border Force Commissioner.

All travellers arriving in Australia must undertake a mandatory 14-day quarantine at designated facilities (for example, a hotel), in their port of arrival.​

Travel restrictions are subject to change. Some exemptions are in place. Please check back regularly.

Additional exemptions as determined by the Commissioner
The Commissioner of the Australian Border Force (ABF) may consider an additional exemption in relation to the travel restrictions currently in place for:

foreign nationals travelling at the invitation of the Australian Commonwealth Government for the purpose of assisting in the COVID-19 response or whose entry would be in the national interest
critical medical services, including air ambulance and delivery of supplies, that regularly arrive into Australia from international ports
people with critical skills (for example, medical specialists, engineers, marine pilots and crews) by exception
diplomats accredited to Australia and currently resident in Australia, and their immediate family
​case-by-case exceptions for humanitarian or compassionate reasons.
Exemptions must be granted prior to travelling to Australia. The request for an exemption through Commissionerís Discretion must be accompanied by:

passenger details: name, DOB, visa type and number, passport number, Australian residential address, Australian telephone number)
case information: why this case should be considered for Commissioner discretion/exemption
supporting statement: the request should be accompanied by a statement and evidence of how the individual meets one of the grounds for an exemption or excise of the Commissionerís discretion listed above.
It is important that all travellers provide evidence that they meet one of the exemptions above before travelling. For example, if you are an immediate family member holding a temporary visa, you will need to provide us with evidence of your relationship.

Apply online for an exemption or provide further information
Apply online

Travellers who have a compassionate or compelling reason to travel to Australia can also use this form to apply for an exemption.

I want to apply for a visa
You should reconsider your need to apply for an Australian visa at this time and check this page regularly for updates on travel restrictions and visa processing.

Visa processing arrangements
The Department is prioritising processing visa applications for those travellers in the exempt categories to support urgent travel.

We encourage applicants to apply online wherever possible, as these applications will be processed faster than those lodged on paper.

You will not be able to apply for an ETA online while the travel restrictions are in place.

Disruption of services
Some services relating to the visa application process may be impacted by COVID-19 and a range of services we rely on are increasingly unavailable.

This includes overseas panel doctors (see below), English language testing facilities, biometric collection and paper application lodgement centres.

While these services are unavailable, many applicants cannot meet visa requirements. Applicants will be given additional time to complete checks and provide the requested information.

Visa medical appointments
Clients should be aware of disruptions to visa medical services, due to COVID-19.

Our visa processing officers are aware of the disruptions. We will take the extended timeframes in to account when considering your visa application.

You do not need to contact us if your visa medical appointment has been rescheduled.

If you have not yet lodged a visa application or have not been requested to undertake an immigration medical examination, there is no need to contact a visa medical services clinic in Australia or an overseas panel clinic at this time.

Student visas
You do not need a visa if you are overseas and studying online with an Australian education provider.

Education providers can issue a new Confirmation of Enrolment (CoE) and enrol students to study online.
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Old 16-04-2020, 15:26   #4
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Re: Visa exemption

Goodmorning guys, thanks for replying.

I've talked to Border Force 3 times, we are able to apply for an exemption to travel ban, we are filling out the forms now.

It was the border force lady that suggested mentioning something like the col regs rule 5 as one reason I need crew.

Just seeing if anyone has any other ideas when it comes to needing crew to help my "compelling circumstances " case.

Cheers Dale.
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Old 16-04-2020, 15:30   #5
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Re: Visa exemption

I'd start with COLREGS Rule 5:

Quote:
RULE 5
Look-out
Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
Pretty impossible to do with one person on board. Why the second (or more) person needs to be USian, well, you'll have to come up with a reason for that.

Going further (and yet closer to home) you could use the AMSA Appropriate Crewing Evaluation and the AMSA Fatigue Management recommendations to bolster your argument that solo-sailing is not safe/viable. They're really related to commercial vessels, but form the foundation for an argument.

[Edit] and maybe the AMSA Minimum Crewing table that says 12 to <35 meters requires two crew minimum.

Good luck.
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Old 16-04-2020, 15:41   #6
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Re: Visa exemption

Quote:
Originally Posted by Dsanduril View Post
I'd start with COLREGS Rule 5:



Pretty impossible to do with one person on board. Why the second (or more) person needs to be USian, well, you'll have to come up with a reason for that.

Going further (and yet closer to home) you could use the AMSA Appropriate Crewing Evaluation and the AMSA Fatigue Management recommendations to bolster your argument that solo-sailing is not safe/viable. They're really related to commercial vessels, but form the foundation for an argument.

[Edit] and maybe the AMSA Minimum Crewing table that says 12 to <35 meters requires two crew minimum.

Good luck.
He has to be a USian because hes the only one I've got.
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Old 16-04-2020, 15:54   #7
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Re: Visa exemption

Well you could make your crew member an immediate family member:

a spouse
a de facto partner.

Ah but then Las Vegas wedding chapels are closed for the duration of the emergency order in Nevada; perhaps there is a justice of the piece near the harbor.
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Old 16-04-2020, 16:33   #8
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Re: Visa exemption

FWIW: Bluewater Insurance says:
"We have several yacht insurance companies that will provide an annual policy that will include Transatlantic and Transpacific navigation. They require up to date surveys including an up to date rigging inspection for sailing vessels. Crew requirements are a minimum of three experienced sailors aboard that have prior blue water experience."
Bluewater Yacht Insurance FAQ | Frequently Asked Questions | Answers
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