Summary

Effective 1 November 2010 visas at the Dutch border are only issued in exceptional cases. This change will be particularly relevant for seafarers. 

In this context, the Royal Netherlands Embassy in Kiev recently started to issue multiple-entry visas for a longer period of validity to seafarers.

The Embassy is qualified regarding the applications of seafarers who will enroll on ships docked in Dutch ports.

The authority of a Schengen Member State to consider a visa is determined by the (main) purpose, or the country of the port where the embarkment on the ship will take place.

Visa can only be issued at the border by 1 November 2010 in exceptional cases

So far, the Dutch government has been lenient in issuing visas at the Dutch border. In particular, seafarers who travelled into the Schengen Area through Schiphol Airport were generally issued a visa at the border. This working method was changed due to the entry into force of the European Visa code on 5 April 2010. In Article 35 of this Visa Code it has been laid down that visas can only be issued at the border in exceptional cases.

Effective 1 November 2010, the Royal Netherlands Marechaussee and the Seaport Police will initiate the strict application of the rules pertaining to the issuing of visas at the border.  For seafarers, this means that visa applications at the border will be refused if it cannot be made plausible that it was impossible to apply for a visa prior to departure in the country of origin.

Seafarers, maritime organizations and carriers have been, as far as possible, informed of the change in policy by 1 November 2010. Seafarers will be denied access at the Dutch Border if they cannot meet the criteria effective 1 November 2010.

Effective 1 November 2010 the Royal Netherlands Embassy in Kiev will for seafarers use the possibility, as provided for in the Visa Code for issuing multiple-entry visa for a longer period of validity. Applicants, who from their occupational situation, such as seafarers, can demonstrate (or motivate) the need or intention to travel frequently or regularly, and to prove their integrity and reliability, are in principle eligible for this visa.

An applicant with a contract for only one trip of several months will not be denied a multiple-entry visa on this specific reason.  It is also in principle not decisive if there is a contract with an agency that is a member of the Koninklijke Vereniging van Nederlandse Reders (KNVR) or the Vereniging Nederlandse Cargadoors (VNC)/Association of Netherlands Ship Brokers and Agents (ANSA).

Finally, regarding the issuing of a multiple-entry visa, the condition of the submission of a guarantee from a (Dutch) handling agent can’t be imposed. The use of this condition would impose an undue responsibility on the handling agents, as seafarers usually have a contract with a local (eg Filipino) agency and are not directly under contract to the Dutch handling agents.

At crossing the border the Dutch border authorities will check the conditions for admission in an independent and strict manner. At that moment the border authorities are authorized to cancel the visas of seafarers who are not eligible (anymore) for admission.

For which applications is the Royal Netherlands Embassy authorised?

The authority of a Schengen Member State to take in a visa application is determined by the (main) purpose, or the country of the port where the ship is docked (Article 5 Visa Code). A Dutch Embassy is qualified regarding applications of seafarers who will enroll on ships who are moored in Dutch ports. As shown in below examples it does not determine under what flag a ship sails or where it enters the Schengen area.

Entry into Schengen area through the Netherlands (for example Schiphol Airport):

• Dutch flagged ship + embarking in Dutch port => NL
• Spanish flagged ship + embarking in Dutch port => NL
• Panamanian flagged ship + embarking in Dutch port => NL
• Dutch flagged ship + embarking in Spanish port => ES
• Spanish flagged ship + embarking in Spanish port => ES
• Panamanian flagged ship + embarking in Spanish port => ES

Entry into Schengen area not through the Netherlands but through another Schengen country (for example Airport in Paris):

• Dutch flagged ship + embarking in Dutch port => NL
• Spanish flagged ship + embarking in Dutch port => NL
• Panamanian flagged ship + embarking in Dutch port => NL
• Dutch flagged ship + embarking in Spanish port => ES
• Spanish flagged ship + embarking in Spanish port => ES
• Panamanian flagged ship + embarking in Spanish port => ES

By requesting to apply for visa for seafarers effective 1 November 2010 at the Schengen Member State where the (main) purpose lies, the port of embarkment,   I ask you your attention for the text below.

As is normal with every visa application, the visa applications of seafarers will be checked whether all requirements are met.

Given the new application procedure, at the Schengen Member State of embarking, there will be a more strict policy regarding the control of air tickets. Based on spot checkes it has been proven that bookings of airline tickets are often cancelled. This is a reason for the Embassy to deny a visa application.

Effective 1 November 2010 a “fully booked ticket” needs to be handed in with every visa application.

As outlined above the Dutch border authorities will in case of border crossing check the conditions for admission in an independent and strict manner. At that moment the border authorities are authorized to cancel the visas of seafarers who are not eligible (anymore) for admission.

Also, the Embassy reserves the right in thought of any doubt concerning a visa application to contact the Seaport police or the Inspectie Verkeer en Waterstaat, Toezicht Beheer Eenheid (TBE), unit Scheepvaart with the question if the ship where applicant will embark indeed is expected and if the applicant is listed for embarkment on the ship.

If you have any questions regarding the above, please contact the Consular Section of the Embassy on the following email (kie-ca@minbuza.nl).