The implementation of the European Court of Justice ruling on immigration in Italy and in other jurisdictions is a major hindrance for many non-EU crew.
The PYA is exploring, together with other organisations, potential solutions, including the feasibility of launching an appeal to this ruling.
What is the new immigration ruling for non-EU crew?
On 5 February 2020, the EU Court of Justice announced the new immigration legislation 2016/399 Article 11 (3), which stipulates that immigration authorities are not authorized to 'stamp out' a crew member's passport at the time of boarding, but rather when the master of the ship informs the immigration or customs office of the departure of the vessel from the port.
This ruling particularly applies to non-EU resident crew on short-stay visas or British crew who are only allowed in the EU for 90 days (within a 180-day period). Due to the limited amount of time allowed in the Schengen area, non-EU crew (who travel individually to vessels and are stamped in) are finding it difficult to work on vessels lying in Schengen ports for multiple months during the winter as it is resulting in them overstaying their visa or tourist-allowance period.
Where is this regulation being enforced?
Italy is one of the only EU countries that is strictly enforcing this regulation, however, it has also been reported that this regulation is being enforced in the Netherlands.
Looking for more information?
Watch our webinar where we discuss this new immigration regulation with local agents from France, Italy and Spain.
Join us at YARE for our 17th March Seminar
We invite all of our member Captains to join us at the upcoming YARE conference in Viareggio, Italy, where we will be hosting a seminar on the latest regulations for non-EU crew stamping in and out of Italy.
Seminar: Regulations for stamping in and out of Italy
When: Thursday 17th March, YARE Conference, Viareggio, Italy
Moderated by: The Professional Yachting Association (PYA), The Superyacht Group
Please note: YARE conference is free to attend for Captains and includes all travel and hotel expenses, plus the business and leisure activities at the event. See the full details and information on how to sign up below.
Captains can register here: https://yarenetworking.com/captains-registration-form/
Download the YARE Programme here.