Non EU spouse checking out?

[MikeBz]

The question is not about border control points or passport lanes. It's specifically about entering and leaving EU waters by boat.

Apologies, I had broadened the subject and also had in my mind the 90-in-180 day rule and whether that applied to a non-EU passport holder travelling with their EU passport holding spouse but appreciate that's not what the thread was about.

 

[goeasy123]

I think if you look at EU law, in common with other countries, there is a requirement for everyone to check in and out of the territory. Certainly one time we were boarded by Spanish customs on return from Smir (Morocco), we both had to produce all documents.

When entering any Spanish or Portuguese marina, they have to sent a copy of your details and passports to authorities.

Why do you think folks on pleasure boats should be treated differently to everyone else? EES will track everyone entering and leaving EU, whichever country they arrive in or depart from.

Spain's entry requirements here -

Nationals of third States who travel to Spain for stays of up to 90 days (during any period of 180 days) for tourism, business, family visits, medical treatment, study, non-work internships or volunteer activities with a duration not exceeding 3 months, or for other non-gainful activities, must meet the entry conditions established in the Schengen Borders Code.

Entry requirements ​

• Enter via an authorised border-crossing point.
• Present proof of identity and a valid travel document.
• Present the corresponding visa if required, according to nationality.
• Provide evidence of meeting the conditions for the proposed stay and of possessing sufficient financial resources.
• Not be subject to a ban on entering Spain.

It would seem so, but accoding to the officials at La Linea, if entering or leaving Spanish waters from a 3rd country there is no requieremnt to attend at an official port of entry if you are an EU boats with EU citizens and qualifying family members on board. It's true that if you book into Alcaidesa marina (or any other marina) they take all the usual details and copies of documents and report them to the relevant authorities. It is a legal requirment for the marinas to do this. This is how the authorities account for the legality of individuals entering their country.

The document you quote does not apply to EU citizens or their qualifying family members. Family members are not subject to Schengen rules at any time when travelling to, from or with the EU citizen. A family member has all the rigths, to the letter, of their EU spouse or parent.

At one time or another we too have been boarded by French, Portuguese and Spanish officials, having not been checked in. Our documents have been check, but we've never been told to rush to the nearest P o E and check in.

We overstayed the 90 day residency requirement when in Sant Carles marina. The gestor we employed advised us that under no circumstances should we seek residency and the local chief of police declared that we did not have an address as we lived on a boat and would not be granted residency.

The fact is that folks on pleasure boats are treated differently. Why?

 

[Graham376]

.........The document you quote does not apply to EU citizens or their qualifying family members. Family members are not subject to Schengen rules at any time when travelling to, from or with the EU citizen. A family member has all the rigths, to the letter, of their EU spouse or parent.
...........At one time or another we too have been boarded by French, Portuguese and Spanish officials, having not been checked in. Our documents have been check, but we've never been told to rush to the nearest P o E and check in.

The fact is that folks on pleasure boats are treated differently. Why?

The excerpt I quoted was from this EU one "Schengen Borders Code" - https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32016R0399 edit - read Article 8 Border checks on persons

Although professional seamen are treated differently, I've never come across leisure boaters being treated any differently to normal tourists or residents. Maybe there is some obscure rule as you suggest but it seems to contradict the purpose of EES being introduced to track everyone.