VISA REQUIREMENTS and SEAMAN'S BOOKS

Please be advised that Yacht Assistance can provide the requested guarantee letters for crew from South Africa, India, Philippines, Afghanistan, China and other countries.

On December 23, 2008, the Netherlands Antilles Minister of Justice and Foreign Affairs in Curacao, reversed his decision to end on December 31st the yacht crew visa waiver program.
This came after much prompting and negotiating by members of the SMMTA Board, including a trip to Curacao to make a presentation to the Ministry and regional Consular officials, as well as intervention with the Minister by the Lt. Governor of St. Maarten.

The visa waiver program for yachts applies to the following:


Only crew of a yacht with paid crew and paying passengers or owners on board, with a minimum length of 14.6 meters (48 feet), possessing cabins for a minimum of 6 passengers and separate sleeping quarters for the crew are eligible for stays of up to 30 days at a time with a maximum stay of 90 total days.
The passengers must either be paying passengers, or owners and owner's guests of the relevant yacht.
The vessel cannot be primarily a ferry or for the transport of cargo.
Finally the crew without visas must have an internationally recognized sailor's log or Seaman's Book.


Cruising yachts with just owners/guests and no paid crew are not eligible for this program and must have visas if they are nationals of countries are on the visa required list.

After evaluation by the Netherlands-Antillean authorities it has been decided to far reaching liberalization of the visa policy for crew and passengers of commercial yachts. This is especially important for commercial pleasure yachts which call at the islands of the Netherlands Antilles. Mention can be made of the pleasure yachts which moor at the Spanish Water (Curaçao) and Simpson Bay (Sint Maarten).

In anticipation of a definitive mechanism the liberalization applies till further notice, however, till ultimately July 1, 2010. The Minister of General Affairs and Foreign Relations, Mrs. Emily de Jongh-Elhage and the Minister of Justice of the Netherlands Antilles, Mr. David Dick, have decided hereto.

Of the comprehension "commercial yacht" (luxury commercial pleasure yacht) it is assumed when it is a nautical vessel with paid crew and paid (paying) passengers on board, the size of the yacht is minimal 14.6 meters (48 feet), it possesses cabins for minimum 6 passengers and separate sleeping quarters for the crew, transporting of freight is not the main purpose of the voyage. Besides the local labor legislation must be complied with and the passengers must either be paying passengers, or owner of the relevant commercial yacht. Finally the crew must have the disposal of an internationally recognized sailor's log.

The visa policy of the Netherlands Antilles is a joint exercise of the visa work group in which are represented members of the Ministry of Justice and the Ministry of General Affairs and Foreign Relations. In specifically this framework they have worked closely with the stakeholders in the shipping sector of the Netherlands Antilles.

Previous News
This policy encourages the use of seamen’s discharge books and guarantees in the amount of US $50.000 p/concerned crew member provided by the local ships agent. 

Captains who find it necessary to apply for crew visas should contact a St. Maarten ships agent for information on obtaining pre-approval through the Foreign Affairs Office for a possible 1 year, multiple entry crew visa.  This type of visa will only be issued in person at any Embassy of the Kingdom of the Netherlands and at the Kingdom General Consulate in Miami. 
Pre-approval by the Directorate of Foreign Affairs is necessary for acceleration of procedures.

Harmonization of visa policy within the Kingdom of Netherlands since 2005 required changes to immigration legislation for the Netherlands Antilles (Dutch Caribbean Islands). Last year the SMMTA held meetings with the Island Government of St Maarten in an effort to obtain more information of the implementation of this legislation. The response from the Island and Central Governments was extremely positive and a meeting was held with the office of the Local Chief of Police, the Directorate of Foreign Affairs, the SMMTA and Island officials to draft an amendment specifically for the yachting industry in St. Maarten. 

On November 15, 2007 the Netherlands Antilles Minister of Justice adapted the application of the 2005 legislation for the charter yacht and mega yacht industry until July 1, 2008. 
The Minister has decided to continue this adaptation until December 31, 2008 which allows him time for an evaluation of this policy.

To summarize:

48 Hour In-transit Rule – Commercial yacht owners, commercial yacht owner guests, charter guests, and bona fide paid crew members of a yacht who are nationals of a country on the January 2005 visa required list and who are not in possession of a valid visa for the Netherlands Antilles will be able to transit from the airport to a yacht in St. Maarten as long as they are departing on the yacht within 48 hours of arrival. 

When arriving in St. Maarten on a yacht they must depart by air or sea within 48 hours of arrival.
Crew and guests arriving by yacht and departing through the airport must show a valid air ticket, e-ticket or private jet information to Immigration at the sea-port before transiting to the airport departure.
The ship agent provides the necessary guarantees.

Seaman’s Discharge Book.
- Bona fide paid crew members of a yacht who are nationals of a country on the January 2005 visa required list and who are not in possession of a valid visa for the Netherlands Antilles but are in possession of a valid Seaman’s Discharge Book will be allowed to enter the Netherlands Antilles (St. Maarten) without a visa, provided they comply with all other relevant requirements.
A list of requirements can be obtained from all registered yacht agents.

PLEASE CONTACT US FOR SEAMAN'S BOOK REGISTRATIONS, NEW SEAMAN'S BOOK APPLICATIONS AND MORE.

Joining crew members arriving by air must be in possession of a joining letter ( OK to board ) for immigration officials at the airport.
Joining crew members must be added to the ship’s official crew list at the sea-port immigration office on arrival. 
Departing crew members must be signed off at the sea-port immigration office before departure. Note that the 48 transit rule also applies for crewmembers.

This visa policy is applicable only when a licensed ships agent provides a letter of guarantee in the amount of US $50.000 p/concerned crew member to Immigration at the airport and sea-port for said crew/guests. The letter of guarantee must include the crew/passenger names and passport information as well as the name and location of the vessel.
The ships agent must also handle the vessel clearance with Immigration at a sea-port.

The Netherlands Antilles Directorate of Foreign Affairs has stated that there are not enough resources on the islands to ensure compliance in any other manner but the letter of guarantee from an agent. 
Yachts arriving and departing who have no crew or guest visa issues are free to attend to immigration matters without an agent.
 

* For the purposes of this policy a "Commercial Yacht" is a defined as a yacht with bona fide permanent paid crew.
The policy is not concerned with the type of flag registration.

St. Maarten Marine Trades Association

St. Maarten, August 11, 2008