A QUESTION OF TIME

A QUESTION OF TIME Will extended EU cruising be possible for UK citizens beyond 2020?

The UK has left the EU, and the UK government has stated that there will be no extension to the transition period beyond 31 December, 2020. This means that UK citizens who hold only a UK passport and have no rights to dual nationality with an EU country will be treated as ‘third country’ nationals by the EU.

By the time this article is published we may have more news of whether the UK and EU are likely to reach any sort of deal. However, the UK has already published guidance (www.gov.uk/visiteurope-1-january-2021) which confirms that UK citizens should expect that the Schengen 90 day in any 180-day period will apply to them when travelling in Europe.

The key word in this rule is 'any'. It is really important to use a Schengen calculator to understand how long you can spend sailing, particularly taking into account previous visits to any other Schengen country. A link to a Schengen calculator is available at www. schengenvisainfo.com/visa-calculator.

If this is the final situation for 2021 and onwards, then cruising in Europe will be much more restricted, bureaucratic and expensive. It will be the biggest restriction on British leisure sailors in a generation.

The UK consulate in Malaga has already suggested that the days of British second home-owners in Spain being able to spend a continuous period of five months in Spain and seven months in the UK are now over. If nothing changes the situation will be the same for cruising sailors across all EU countries.

Clearly the campaign by CA President Julian Dussek to get both CA members and non-members to write to their MPs is very important and should be top of their list of actions.

CAN YOU GET AN EXTENDED VISA? Some MPs believe that it will be easy for UK citizens to get extended visas to visit an individual EU country. However, the CA's research, based on the feedback from current non-EU citizens, shows that this is far from the case.

If you are in correspondence with your MP, make sure they fully understand that Extended/Type D visas to enable a nonEU citizen to stay in a Schengen country for more than 90 days: ■ apply only to one country (so multiple applications may be needed) ■ must be applied for from the UK before departure ■ may require a personal visit for all applicants (including children) to the

Embassy in the UK ■ cost between £100 and £200 per person ■ based on experience of the CA's non

EU members, will require: • demonstration of financial self-sufficiency • demonstration of adequate health insurance • health and criminal records check

Clearly, based on the research, getting a simplified process for an extended EUwide visa would be the ideal outcome.

However, the CA’s Regulations and Technical services group (RATS) research has also shown that both the EU and the UK have already published provisions hinting that the final situation might not be an EU-wide extended visa, but might rather be a country-specific bilateral agreement. So, it is also important that MPs are made aware that: ■ there has been a proposal within the EU draft negotiating documents allowing individual countries to use their domestic law to offer extended national visas beyond the 90-day Schengen limit, subject to reciprocity from the UK ■ the UK has already included provision for a continuous and renewable 180- day visa for EU citizens in the new immigration bill

So, there is an opportunity for the UK government and perhaps individual organisations to work with the tourist industry and ministries within individual countries and not via the EU.

The CA believes that this might allow members to spend up to 180 days in one selected base country and still have 90 days in other EU countries.

Informal feedback to one member suggests that while European governments might feel positive towards such an arrangement, they cannot formalise anything until the main UK-EU negotiations are complete.

BELOW: RATS have been focusing much of their research on Spain. Credit: David Whitehead/Images CA

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CA members have successfully obtained residency in Greece and Spain. Image: Wayne Williams/CA

INVESTIGATING THE OPTIONS RATS has researched other options which might provide some mitigation – not just extended visas, but also the viability and requirements for residency.

The focus has been on a small number of key countries, such as Sweden, Spain, Greece, France, Portugal and Italy which, because of the size of coastline or location, could act as a base for extended cruising, with the 90/180 day rule still applying to the adjacent countries.

Country-specific information on visa and residency application processes and requirements for selected countries is available to members on the CA website at www.theca.org.uk/rats/ brexit_advice/schengen_short_stay_ visa_implications. Web pages giving more general information on cruising after the end of transition are also open to non-members.

To date there are no certainties about what is possible, but some of the glimmers of hope that we are following include: ■ Sweden appears already to offer a 180- day visa for tourism for non-EU citizens. Initial responses from the Swedish Embassy in the UK were equivocal, but RATS are now following up directly with the Swedish Migration Agency. If this can be confirmed, it could be a useful template for discussions with other countries. ■ CA contacts in Spain have confirmed that the Spanish government is still fully prepared to allow UK citizens to register as resident within Spain, and the Spanish Embassy FAQ confirms that UK citizens who have registered before 31 December, 2020 will be entitled to exercise the right to remain in Spain once they are classed as non-EU nationals. The Spanish authorities have the right to cancel Residency rights for anyone who does not spend at least six months per year in Spain but, given the number of second home-owners who would be affected, we do not yet know if this will be relaxed. The statement by the Spanish government regarding the relaxation of the Covid-19 rules for some 400,000 British citizens with second homes in Spain gives us some hope that the Spanish may be open to either a relaxation of residency cancellation or a bilateral deal. ■ Members have successfully obtained residency in Greece. Discussions with representatives for tourism there have also suggested that a bilateral deal might be considered if there is no wider EU arrangement, and the question of potential cancellation of residency rights after six months absence from the country remains to be confirmed. ■ The CA’s European Inland Waterways Section is working with contacts in Belgium and the Netherlands. Sadly it appears that the Netherlands does not offer 180-day tourist visas and would not make a bilateral deal with the UK .

In summary, based on research by RATS, CA Sections and individual CA members, it is becoming clear that there are currently no simple solutions to allow UK citizens to cruise in Europe for more than 90 days in any 180. All the options we have explored so far involve significant bureaucracy, cost and restrictions.

Our best hope is for the UK government to negotiate an EU-wide extension to the 90/180 day rule, and cruising sailors should write to their MPs to explain why this should be included in the issues for negotiation. Our next fall back should be to push our case for 180- day visa-free travel with the appropriate authorities in individual countries. www.theca.org.uk Words: Trevor Page

This article first appeared in the Cruising Association’s in-house magazine Cruising in September 2020.

RATS (the Regulations and Technical Services group) represents the CA in understanding and explaining how maritime issYes affect the membership, with a focus on legislation, planning and the environment. The group is involved in consultations with government departments, the navy, offshore developers and statutory authorities, and responds in detail to members’ queries where it can.