Malta and Schengen

[kingsebi]

We sailed to Malta after being in Tunisia for three months. People in Tunisia told us they use Malta as a Schengen loophole. On arrival immigration only stamped our crew list and not our passports. So far so good. I wonder for how long we can stay in Malta? And when we sail to Italy do we visit immigration there and that will reset the Schengen clock? The boat is German flagged, I’m Austrian, but unfortunately my girlfriend is US American.

 

[newtothis]

Look up Sailing Helios on YouTube. They're an Aus/NZ couple who have been in the Med way over the Schengen allowance, and have a couple of videos on how to do it. Malta was part of the scheme after they took time out in Tunisia.

 

[LittleSister]

. . . unfortunately my girlfriend is US American.

You have our sympathies!

 

[syvictoria]

Have you tried stating that your other half is a durable partner when checking into Schengen? See Article 2b:

https://eur-lex.europa.eu/eli/dir/2004/38/oj/eng

In theory, marriage or a legal partnership shouldn't be necessary, although interpretation of the rules will inevitably vary from EU state to state. We're planning on trying this approach this spring.

See also Travel documents for non-EU family members - Your Europe

 

[kingsebi]

Look up Sailing Helios on YouTube. They're an Aus/NZ couple who have been in the Med way over the Schengen allowance, and have a couple of videos on how to do it. Malta was part of the scheme after they took time out in Tunisia.

Thank you, gonna watch.

 

[kingsebi]

You have our sympathies!

Thank you. Not her fault though

 

[kingsebi]

Have you tried stating that your other half is a durable partner when checking into Schengen? See Article 2b:

https://eur-lex.europa.eu/eli/dir/2004/38/oj/eng

In theory, marriage or a legal partnership shouldn't be necessary, although interpretation of the rules will inevitably vary from EU state to state. We're planning on trying this approach this spring.

See also Travel documents for non-EU family members - Your Europe

Thank you. That is interesting.

 

[Baggywrinkle]

Be aware that the video posted earlier pre-dates the EES (Entry Exit System) going live this March/April ... so physical stamps in passports will no longer be the way Schengen overstay is monitored. It will be recorded centrally by the EU, which will pretty much shut down the border guards discretion to stamp the passport or not. The video should have been titled "How we evaded the Schengen Rules".

Entry/Exit System (EES) – Fully Operational by April 2026

I would have imagined your American girlfriend is all for immigration using the legal channels .... she wouldn't want to be in the EU as an undocumented illegal immigrant would she? ... with you as her trafficker?

Personally, the Durable Partner route is the best legal route for your situation IMO, otherwise she is stuck with the Schengen Shuffle.

Even though the crew of Helios and many others are currently getting away with overstaying, it is up to each individual to decide their own acceptable risk level. I've personally been pulled up in Munich Airport for not having an entry stamp in my UK passport, but I'm a dual citizen so the conversation ended when I presented my German passport ... and unwanted and unintentional brushes with authority can happen everywhere, at any time - my brother was stopped by Croatian police in the tender for my boat and "investigated" regarding his right to be there and to use the boat in Croatian waters.

 

[kingsebi]

Be aware that the video posted earlier pre-dates the EES (Entry Exit System) going live this March/April ... so physical stamps in passports will no longer be the way Schengen overstay is monitored. It will be recorded centrally by the EU, which will pretty much shut down the border guards discretion to stamp the passport or not. The video should have been titled "How we evaded the Schengen Rules".

Entry/Exit System (EES) – Fully Operational by April 2026

I would have imagined your American girlfriend is all for immigration using the legal channels .... she wouldn't want to be in the EU as an undocumented illegal immigrant would she? ... with you as her trafficker?

Personally, the Durable Partner route is the best legal route for your situation IMO, otherwise she is stuck with the Schengen Shuffle.

Even though the crew of Helios and many others are currently getting away with overstaying, it is up to each individual to decide their own acceptable risk level. I've personally been pulled up in Munich Airport for not having an entry stamp in my UK passport, but I'm a dual citizen so the conversation ended when I presented my German passport ... and unwanted and unintentional brushes with authority can happen everywhere, at any time - my brother was stopped by Croatian police in the tender for my boat and "investigated" regarding his right to be there and to use the boat in Croatian waters.

I understand. Looks like we were lucky to arrive on Malta before fully operational EES. I agree durable partner seems to be the best route. She definitely doesn’t want to stay in Europe illegally. As you say, controls can happen any time. And even if the risk is small the consequences could be bad enough.

 

[Irish Rover]

I understand. Looks like we were lucky to arrive on Malta before fully operational EES. I agree durable partner seems to be the best route. She definitely doesn’t want to stay in Europe illegally. As you say, controls can happen any time. And even if the risk is small the consequences could be bad enough.

Are you sure she's a Keeper? Declaring her officially as a durable partner could give her grounds to claim a share of the boat, in the event of a split - or worse still she could apply for sole custody of your pussy cat

 

[kingsebi]

Have you tried stating that your other half is a durable partner when checking into Schengen? See Article 2b:

Directive - 2004/38 - EN - EUR-Lex

In theory, marriage or a legal partnership shouldn't be necessary, although interpretation of the rules will inevitably vary from EU state to state. We're planning on trying this approach this spring.

See also Travel documents for non-EU family members - Your Europe

Article 2b says: the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;

No mention of „durable partner“. Did I miss something?

In the other link yes.

Let me know how it turns out for you. Seems to be the best solution.

 

[kingsebi]

Are you sure she's a Keeper? Declaring her officially as a durable partner could give her grounds to claim a share of the boat, in the event of a split - or worse still she could apply for sole custody of your pussy cat

Good question

 

[syvictoria]

Article 2b says: the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State;

No mention of „durable partner“. Did I miss something?

In the other link yes.

Let me know how it turns out for you. Seems to be the best solution.

Sorry, my mistake. It's Article 3
(Beneficiaries) 2(b):

the partner with whom the Union citizen has a durable relationship, duly attested.

 

[kingsebi]

Sorry, my mistake. It's Article 3
(Beneficiaries) 2(b):

the partner with whom the Union citizen has a durable relationship, duly attested.

I see. Sorry, I didn’t read that far. How do you „duly attest“ a durable relationship to immigration police? Would that mean they wouldn’t put my girlfriend into the EES system?

 

[syvictoria]

I see. Sorry, I didn’t read that far. How do you „duly attest“ a durable relationship to immigration police? Would that mean they wouldn’t put my girlfriend into the EES system?

EES is still required for family members - see article 2(b):
EUR-Lex - 02017R2226-20210803 - EN - EUR-Lex

As for duly attesting the relationship, barring a few states which offer something more official, for example NL I believe, generally this will be down to satisfying border control on the day. A shared, longstanding address is sited as being useful (although not actually essential), as is also evidence of shared financial commitment (mortgage, etc.) and/or children.

We plan to show evidence of a shared 'home' address, plus joint property deeds going back decades, and joint bank accounts - and tightly crossed fingers, of course! We're also potentially looking at obtaining notorized evidence from my EU state, but as mentioned above, what's available varies from state to state. If anyone has any other suggestions, or first hand experience, please speak up!

 

[syvictoria]

This guidance may also be helpful, re durable partners:

EUR-Lex - 52023XC01392 - EN - EUR-Lex

 

[kingsebi]

EES is still required for family members - see article 2(b):
EUR-Lex - 02017R2226-20210803 - EN - EUR-Lex

As for duly attesting the relationship, barring a few states which offer something more official, for example NL I believe, generally this will be down to satisfying border control on the day. A shared, longstanding address is sited as being useful (although not actually essential), as is also evidence of shared financial commitment (mortgage, etc.) and/or children.

We plan to show evidence of a shared 'home' address, plus joint property deeds going back decades, and joint bank accounts - and tightly crossed fingers, of course! We're also potentially looking at obtaining notorized evidence from my EU state, but as mentioned above, what's available varies from state to state. If anyone has any other suggestions, or first hand experience, please speak up!

Thank you, very interesting.