Schengen Area Overstay on Repositioning Cruise

[nocruiseforcajun]

Hello,

 

Am looking for advice. We are US citizens who have been living in Europe over the summer. We're taking a repositioning cruise out of Barcelona back to the US. We will be getting on the ship in Barcelona on the 90th day of our Schengen Visa. The ship then stops at three Spanish ports, including the Canary Islands, on the way to the US. Will we be permitted to get off the ship since we're technically past our 90-day stay? Do you think we run risk of being fined for an overstay if we get off? It would be such a shame to have to remain on the ship while docked in the Canaries.

 

Thanks in advance for your help!

[Lutèce]

hello there:)

 

There is a wealth of information re the Schengen rules on the 'Thorn Tree'(Lonely Planet) Western Europe forum. You may be able to find a definitive answer there, or at least be pointed in the right direction for an official answer. Any replies on here are likely to be speculative and probably won't apply to your particular circumstances.

[Lutèce]

Second thoughts!!

 

Could you possibly, before going to Barcelona, spend at least 3 days out of Schengen? For instance get a budget flight to the UK, Ireland or any other non Schengen country from wherever you are in Europe?

[hallasm]

Hello,

Am looking for advice. We are US citizens who have been living in Europe over the summer. We're taking a repositioning cruise out of Barcelona back to the US. We will be getting on the ship in Barcelona on the 90th day of our Schengen Visa. The ship then stops at three Spanish ports, including the Canary Islands, on the way to the US. Will we be permitted to get off the ship since we're technically past our 90-day stay? Do you think we run risk of being fined for an overstay if we get off? It would be such a shame to have to remain on the ship while docked in the Canaries.

Thanks in advance for your help!

For sure you need to look into the 90 days rule - staying outside Schengen for 3 days will probably not help you and since the ship is visiting Schengen ports and your Visa has expired, you might not be able to board the ship at all. Make sure that you do have a valid Schengen visa!

[dancinman66]

That is a tough one

Call the Spanish or us embassy

Technically not but can't see a real problem

 

 

Sent from my iPhone using Forums

[Lutèce]

If you haven't been more than a total of 90 days out of 180 days in the Schengen zone, it doesn't matter if you spend days out of Schengen (so keeping your total under 90). So having a quick trip to a non-Schengen country - within the 180 days TOTAL time limit - is a way of reducing your time in Schengen. It's the TOTAL number of days in Schengen which count. You could have been going in and out for a couple of weeks at a time within the 180 day period and still be OK if it didn't add up to more than 90.

 

Try Googling 'Schengen' for more information.

 

(See what I meant about getting speculative information!!:)

[Algebralovr]

http://travel.state.gov/content/passports/english/go/schengen-fact-sheet.htmlThe US department of state address this on their fact sheet.

 

 

Assuming you entered the Schengen area less than 180 days before you will be leaving, you should be able to leave the Schengen area, being stamped out so that the days count, then re-enter, being stamped in and adding to the day count. You could, for example, visit Istanbul, where you will find it less expensive to live for a week or two, and will require a $20 visa, and those days will not count t against the 90 days you are allowed to be in Schengen territory. Please contact the nearest US embassy for assistance in understanding.

 

Alternatively, you can look into a short term residence visa.

[nocruiseforcajun]

I am familiar with the Schengen Area rules and understand that once I hit the 90 mark within the 180 day period I must exit the area. I will be exiting onto the cruise ship within the allotted time. It would be just as if I was boarding a plane for the US on my 90th day. Technically I cannot step foot off the ship back into Spain, of which the Canary Islands are a territory of. And I understand this.

 

But I'm just wondering if this will be overlooked since we're cruise passengers on day trips to the Spanish ports. We're completely aware of the 'official' rules but just wondering if anyone has had any experience with this first hand. When you get off the cruise for the day drip in the same country of which you departed from, do they scrutinize your passport examining dates, etc.?

[sail7seas]

I am familiar with the Schengen Area rules and understand that once I hit the 90 mark within the 180 day period I must exit the area. I will be exiting onto the cruise ship within the allotted time. It would be just as if I was boarding a plane for the US on my 90th day. Technically I cannot step foot off the ship back into Spain, of which the Canary Islands are a territory of. And I understand this.

 

But I'm just wondering if this will be overlooked since we're cruise passengers on day trips to the Spanish ports. We're completely aware of the 'official' rules but just wondering if anyone has had any experience with this first hand. When you get off the cruise for the day drip in the same country of which you departed from, do they scrutinize your passport examining dates, etc.?

 

What would be the penalty if for some reason you are permitted ashore but 'found out' on your return to the ship?

 

[Twickenham]

I am familiar with the Schengen Area rules and understand that once I hit the 90 mark within the 180 day period I must exit the area. I will be exiting onto the cruise ship within the allotted time. It would be just as if I was boarding a plane for the US on my 90th day.

 

Actually, for immigration purposes, I'm not so sure you would be considered to have left Schengen until the ship has left its final Schengen port. And I doubt you would be allowed on the ship - even if you promise not to disembark - if you weren't legally permitted into those ports. This is something you must verify with the cruise line.

 

But I'm just wondering if this will be overlooked since we're cruise passengers on day trips to the Spanish ports. We're completely aware of the 'official' rules but just wondering if anyone has had any experience with this first hand. When you get off the cruise for the day drip in the same country of which you departed from, do they scrutinize your passport examining dates, etc.?

 

It is entirely possible someone has been allowed to do this, but I wouldn't count on an official letting you thru if the letter of the law said something different. Always assume that all rules will be fully applied.

Personally, I like the week in Istanbul idea. :)

[Lutèce]

:)to Twickenham

 

Are you 'Nutrax for nerves' on the Lonely Planet 'Thorn Tree' forum? If not, someone there is using your 'plural of anecdote is not data' signature:D