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US Customs deporting crew at FLIBS

Discussion in 'General Yachting Discussion' started by MYCaptainChris, Nov 6, 2010.

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  1. MYCaptainChris

    MYCaptainChris Senior Member

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    US Customs deporting crew at FLIBS

    I wasn't there so most of what I know is via various sources. But basically, non US crew dock walking the FLIBS looking for positions on foreign flagged yachts have been deported and there are also cases from other marinas and yards.

    To me I would think this is an extremely gray area, as technically as foreigners in the US they are not allowed to look for work in the US, but they are looking for work on foreign yachts and thus not looking for work IN the US. I understand that it's related to I94 issuing but no crew entering the US is going to say, 'I'm here looking for work' at immigration, we all know were that'll end up, so obviously they have to enter as tourists. This could be an example of where a yacht crew visa is needed.

    My question is: Where does this leave the US based crew agents? Surely if they place foreign crew while the yacht is in the US that is illegal?

    Does anyone onboard yachtforums work with Customs and able to give us a breakdown on what really is happening?

    As a Captain of foreign flagged yachts, where do I stand when taking on new crew while in the US?

    Please only give me actual facts as this IS very important and I'm sure others will reference this thread for facts.
  2. Pascal

    Pascal Senior Member

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    Deport those evil and dangerous yachties but leave the southern border wide open, sue states trying to protect their citizens, let Mexican gangs shoot boaters on our lakes. Thank you mr community organizer in chief!

    Seriously, If someone is coming in the country as a tourist then start looking for a job, aren't they breaking the law? What would happen to US citizens doing that in France, Australia or... Mexico?
  3. MYCaptainChris

    MYCaptainChris Senior Member

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    Hmm I took on two Americans while in France. They entered France as tourists because that's how crew on yachts are categorized in France and most of Europe. Americans don't need visas to work on yachts in Europe thus it is not an issue.
  4. K1W1

    K1W1 Senior Member

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    Hi,

    There is actually a limit as to how long a tourist can spend in the Schengen countries.

    Extracted from GoEurope:

    The maximum length of stay in Europe for non European Union passport holders is determined by the Schengen accord and is currently limited to 90 days within any 180 day period. The important thing to note is that you may not leave the Schengen Visa area for a day and return to restart the 90 day clock. In other words, you must be absent from the Schengen area for at least 90 days in a 180 day period to be legal.

    Also a number of countries nationals need Schengen Visas even when working on a yacht.
    http://www.greekembassy.org/embassy/content/en/Article.aspx?office=11&folder=79&article=20404
  5. MYCaptainChris

    MYCaptainChris Senior Member

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    note I said most of europe I also see no USA in that list??? So what is your point? am I missing it?
  6. K1W1

    K1W1 Senior Member

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    Hi,

    I would say that this map showing the Schengen Countries covers the boating hotspots.

    http://www.axa-schengen.com/en/schengen-countries

    US Citizens and others who do not need Schengen Visas arrive in Europe mostly as tourists therefore they are covered by the 90 day rule.

    Many flout this rule and few get caught.

    Just because the rule is not stringently enforced everywhere all the time doesn't mean it is legal and correct to flout it.

    You were asking for accurate information and facts regarding foreign crew which might include yourself while in the US, I was just providing something to point out that your all encompassing statement regarding foreigners in Europe was not what is currently in the published guidelines.

    BTW. I was at FLIBS and didn't hear anything about deportations. Has anyone else here heard about this at the last FLIBS?
  7. NYCAP123

    NYCAP123 Senior Member

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    If a person is prohibited by law from seeking employment in whatever country, why would you want to hire them anyway? They've told you right from jump street that they are criminals. Is that really who you want on you vessel?
  8. MYCaptainChris

    MYCaptainChris Senior Member

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    OK I understand, yes. It is true that while in Europe the crew situation is a BIG gray area as it was here in the US. But does each country choose not to enforce the rule/s? I guess we'll never know but I'm sure countries like Malta like to see the income yachts and crew bring (F/T crew have a high disposable income so spend allot of money). I know a few yachts in Italy this year received big tax bills but don't have details information as to why and when.
  9. Marmot

    Marmot Senior Member

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    There were some walking around every day. If they were there on a mission or not, who knows, they had a booth so maybe they were tourists like everyone else.

    The dock walking magazine site has a discussion going on and a couple of people claim to have knowledge of events.

    This is the third rail of yacht crewing and it involves the activities of Heimat Sekurity so objective information is impossible to obtain.
  10. MYCaptainChris

    MYCaptainChris Senior Member

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    So the crew agents are criminals?
  11. Marmot

    Marmot Senior Member

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    Do they raise unicorns on your planet?
  12. NYCAP123

    NYCAP123 Senior Member

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    If someone breaks the law, by definition, they are a criminal. Nobody considered Bernie Madoff a criminal yet there he sits in jail now, hopefully til he rots. Whether one agrees with a law or its enforcement, nor whether one gets away with it, is not what determines if breaking it is a criminal act. If someone is willing to break the laws of a foreign nation does anyone think they'll have more concern for the rules of a boat owner if it doesn't suit them?
  13. ScotL

    ScotL Senior Member

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    Just so we have this straight:

    You have NEVER broken ANY law?

    Or, are you just playing devil's advocate again?
  14. dennismc

    dennismc Senior Member

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    crew

    There are many laws one can break without being classed as a criminal. One must be careful of our wonderful language, it does get misused more and more, for instance, someone asked me if I remembered toput my cock back last night for the time change, go figure !!!! lol,
  15. ScotL

    ScotL Senior Member

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    Well, did you?
  16. Marmot

    Marmot Senior Member

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    Equating the kids who walk the docks looking for daywork to Bernie Madoff is a bit of a Talibanish stretch in my opinion. What part of their body do you think is appropriate to remove for this type of criminal activity? Removal of both feet? Both hands? Summary execution by drowning onsite?

    The Sekurity bunch treat that sort of violation as an administrative issue but even then the penalties are, to these young yachties, especially severe and may even effectively end their yachting career. Unfortunately for them, they are of a generation that sees the world as a single borderless playground and honestly don't see their activities as violating any law. It comes as a shock to them when they run into people who think like you, in terms of pure black or white.

    So, when do you think sharia law should be imposed on all of us who routinely violate some law or another? In a nation that is so opposed to even the most basic of health care who is going to pay for all the after amputation treatment? Do we start removing the right foot of a speeder? The left hand of people who don't signal before turning?
  17. Marmot

    Marmot Senior Member

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    Put it back where is the hanging question ... did (s)he have someplace in mind?
  18. Yachtjocky

    Yachtjocky Senior Member

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    Out of the ten's of thousands of visitors to FLIBS how did the Customs pick out those terrible foriegners looking for work, oh yes young white skinny hungry looking kids willing to work real hard stand out.

    Did anybody notice how many Customs were out there checking the yachts and arresting a few for being on sale at the show and not having paid the taxes, do those owners and brokers qualify to be classed as criminals
  19. ScotL

    ScotL Senior Member

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    According to NYCAP they apparently do. Seems he has never broken any law whatsoever.
  20. MYCaptainChris

    MYCaptainChris Senior Member

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    That could be an entire new thread. I actually like and agree with the new Florida tax cap and think it could be good for the FL economy, but if this tax was to keep boats in Florida so they can scare off foreign crew so as to place US crew, well good luck with that!!!!!