That old Schengen ruling

[Pickygame]

From reading posts here I am trying to clarify the Schengen Rules. 

 

1. We are leaving the UK (EU defined Third Country) and sailing around the world calling at Madiera. My understanding is as a Non EU citizen departing a Third Country we are not subject to Schengen days. 

 

2. So If we fly to Malta and take a 7 day cruise we start and end in the EU therefore subject to Schengen rules

 

3. What if we sail from the UK to Europe and return to the UK? My thinking is the same as 1

[crystalspin]

1 hour ago, Pickygame said:

From reading posts here I am trying to clarify the Schengen Rules. 

Welcome to Cruise Critic! You might ask your question here:

https://boards.cruisecritic.com/forum/544-uk-cruisers/

to find some in your countrymen who is knowable.  

[John Bull]

British passport-holders don't need a Schengen visa as long as it's not for stays totalling more than 90 days in a year 🙂

 

JB 🙂

[Pickygame]

I know. But if you have done 90 days in the last 180 you have to consider the rules. 

[John Bull]

17 minutes ago, Pickygame said:

I know. But if you have done 90 days in the last 180 you have to consider the rules. 

 

Yes.

But you've mentioned only a port of call on Madeira and a 7-day cruise out of Malta.

So how will a cruise from UK to Schengen countries & back to UK last for about 3 months ? 😕

 

JB 🙂

[hallasm]

I'm not quite sure I understand your question, but since Madeira is part of Schengen, your stay in Madeira counts - also if you sail from the UK to the Schengen Area, the days you are in the Schengen area count - sea days between ports in Schengen also count .

[Pickygame]

Do you have references for this? There is conflicting views on sea days and ports. Also the legislation states that as you transit the EU on a cruise ship there are different rules. 

[Pickygame]

4 hours ago, Pickygame said:

1. We are leaving the UK (EU defined Third Country) and sailing around the world calling at Madiera. My understanding is as a Non EU citizen departing a Third Country we are not subject to Schengen days. 

 

2. So If we fly to Malta and take a 7 day cruise we start and end in the EU therefore subject to Schengen rules

 

3. What if we sail from the UK to Europe and return to the UK? My thinking is the same as 1

Let me clarify my question. I want to do a three day trip Southampton to Amsterdam return. Nothing to do with my world cruise. I have spent 90 days in the Schengen. Can I go? The legislation on entering the Schengen from Third Countries purely as transit is different than entering and staying in the Schengen. 

References to views would be appreciated 

[John Bull]

26 minutes ago, Pickygame said:

Let me clarify my question. I want to do a three day trip Southampton to Amsterdam return. Nothing to do with my world cruise. I have spent 90 days in the Schengen. Can I go? The legislation on entering the Schengen from Third Countries purely as transit is different than entering and staying in the Schengen. 

References to views would be appreciated 

 

You said that "My understanding is as a Non EU citizen departing a Third Country we are not subject to Schengen days" and I correctly told you that yes, you are subject to the 90 day rule.

Yet it appears that you were already aware of that 🙄

It would have helped if you'd mentioned at the outset that you've spent - or by then will have spent - 90 days in Schengen in the preceding 12 months.🙄.

 

Now you want to know whether this trip or that trip or the other trip can be counted as "in transit" .

Is that grabbing at straws?

I don't believe that either Madeira or especially Amsterdam (UK to Amsterdam to UK ??????) would be counted as "in transit" but on that matter you need advice from someone more knowledgeable than me, and I wouldn't have responded to your question in the first place.

 

JB 😡

 

 

[hallasm]

The 90-day rule applies to all Schengen countries.
Every visit counts regardless of country.
If you visit the Schengen area on a cruise, you are not in transit.

With the introduction of EES and ETIAS, all visits will be registered and there will be no doubt about how many days you have been in the Schengen area.

EES is expected to be ready at the end of 2024 and ETIAS in 2025

https://travel-europe.europa.eu/index_en

[SelectSys]

For what it's worth, I found this calculator online to help one determine if they are in compliance with the Schengen short term stay requirements:

https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/border-crossing/short-stay-visa-calculator_en