This seems to be going around in circles.
You can do VFR or IFR using the FAA 61.3 concession, which enables an N-reg to be flown outside the US, on papers issued by the owner of the airspace. EASA is nothing to do with this, even if they, or the DGAC, etc, claim xxx is legal.
The only thing which gets tricky is how to get an IR in Europe, if flying in another airspace. So if e.g. both the candidate and the “RHS” have German issued papers, but want to do it in Italy, well, they can’t.
Snoopy wrote:
Cross border flying… needs what? EASA + FAA IR instructor ratings?
Under the US regulations, student instruction flights are a commercial operation. A US private pilot certificate is not sufficient. At least a US commercial pilot certificate must be held. Unless complying with the certification requirements in 14 CFR 119, the operation needs to come under one of the exemptions in para 119.1(e). Two relevant exemptions are “training flights” and “student instruction.” Chief Counsel provided a legal interpretation of these terms to William W Grannis, 3 Aug 2017. It was the opinion of Chief Counsel that the “student instruction” exemption requires the pilot-in-command to hold a US flight instructor certificate with the appropriate ratings. In an earlier interpretation to Doug McQueen given 16 Apr 2013, “the FAA clarifies that when a pilot (that is not a CFI) carries a customer for compensation or hire on a flight that is not related to any training qualification, that this does not constitute a training flight.”.
Chief Counsel may offer a relaxed interpretation in respect of flights occurring outside the US. Considering the LOI to Cliff Whittaker, 5 Jun 2015, I am doubtful that Chief Counsel cares what kind of foreign licence or instructor certificate will be used as long it it has been issued by the country where the operation occurs and is acceptable under the laws of that country.
If it is a commercial operation under the laws of the country where the flight occurs, a permission from that country is likely necessary.
Snoopy wrote:
Luke can act as PIC on a VFR flight and receive IR Instruction by an IRI
The state of licence issue might object to that arrangement. The FAA will almost always hold the instructor responsible for the ultimate safety of the operation. Search this forum for Hamre or read post #50 posted 30 Jan 2018 to the thread Instructor liable just for being present in the aircraft?
The FAA recently restated its view that the “flight instructor providing the training [is] considered to be operating the aircraft” within the meaning of “operate” in 14 CFR 1.1. See FAA Notification of Policy for Flight Training in Certain Aircraft, 7 Jul 2021. 86 FR 36493, footnote 4 (link).
Ibra wrote:
How do you do instrument approches on VFR flights? especially, in Germany with all Echo, MRVA, STAR and IAF…can you really do that?
For training you anyways have to talk to ATC upfront – or how would you file an IFR flight plan for “An ILS approach going missed at the DA followed by 2 turns in the hold of the missed approach followed by the LOC-DME approach with a touch and go followed by a …”
As long as the weather is VMC, there is actually no reason to file an IFR flight plan for that (and yes, technically you don’t fly an instrument approach in these cases but a visual approach following the flightpath of the instrument approach – but that does not make any difference for training reasons).
Airborne_Again wrote:
You have to do some flying in controlled airspace on an IFR clearance, don’t you?
Do you? I don’t find any rule stating that it has to be an IFR clearance…
(Again: It doesn’t make any sense at all to do IFR training only in VMC on VFR flights)
Malibuflyer wrote:
Do you? I don’t find any rule stating that it has to be an IFR clearance…
On checking, apparently not. Which is a bit surprising.
This is entirely country dependent.
For example here in the UK they “like to see” you talk to London Control (i.e. Class A) and since popups are virtually impossible to get, that needs a flight plan, which obviously needs to be an IFR flight plan. Then the RHS generally needs to be PIC because the LHS has only a PPL. Didn’t have to be in my case (my 15hrs’ training was all in G, VMC) because I already held an FAA CPL/IR, and I did it under a derogation from the Brussels “dual papers attack” on N-regs; also on my IRT there was a bit of D (no A) and I never spoke to LC; only Solent. But the normal FTO “sausage machine pipeline” IRT does a bit of Class A.
I can imagine doing the whole IR wholly OCAS and in VMC, if you can arrange it suitably. The challenge is likely to be on the IRT, because you have less control there.
An initial UK IR requires enroute airways class A, but a revalidation doesn’t.
To which I am an exception 
Lukepower is trying to do this in Italy, which is a law unto itself anyway in this area. If you can arrange something, it will be fine
An initial UK IR requires enroute airways class A
I was told that while ago one reason why you can’t do CAA IRT in Lille (Alpha & Foreign ) but I don’t see that in CAA standard document?
https://publicapps.caa.co.uk/docs/33/Standards%20Document%2014%20v7_Nov%202014.pdf
Can one fly Scottish Echo Airways routes? or it has to be London Alpha Airways routes?
Some IRE arrange CAA IRT in Jerez (Alicante Alpha 300nm) & Florida (US Alpha at +FL180)
I don’t think you can get an initial outside UK airspace?
You can’t for UK based ATO but apparently there is (was) a concession for CAA ATO in Spain (US)…
At the end of the day, it’s what a specific IRE can do and what CAA accepts (the same way that some can arrange initial CAA IRT without NDB in aircraft while some can’t)
For the requirement for Class A (or Airways flight), I doubt it’s true but I was told the same one day by an IRE as well without seeing an actual reference, I was also told by ATO the aircraft need ADF & DME and two independent sets of 8.33khz radios in Class A without reference…
As Peter said, it’s ATO/IRE who decides for owner aircraft, that’s it !
