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Criteria and requirements for admission as a seasonal worker for stays exceeding 90 days

1. Applications for admission to a Member State under the terms of this Directive for a stay exceeding 90 days shall be accompanied by:

(a) a valid work contract or, if provided for by national law, administrative regulations, or practice, a binding job offer to work as a seasonal worker in the Member State concerned with an employer established in that Member State which specifies:

(i) the place and type of the work;

(ii) the duration of employment;

(iii) the remuneration;

(iv) the working hours per week or month;

(v) the amount of any paid leave;

(vi) where applicable, other relevant working conditions; and (vii) if possible, the date of commencement of employment;

(b) evidence of having or, if provided for by national law, having applied for, sickness insurance for all the risks normally covered for nationals of the Member State concerned for periods where no such insurance coverage and corresponding entitlement to benefits are provided in connection with, or as a result of, the work carried out in that Member State;

(c) evidence that the seasonal worker will have adequate accommodation or that adequate accommodation will be provided, in accordance with Article 20.

2. Member States shall require that the conditions referred to in point (a) of paragraph 1 comply with applicable law, collective agreements and/or practice.

3. On the basis of the documentation provided pursuant to paragraph 1, Member States shall require that the seasonal worker will have sufficient resources during his or her stay to maintain him/herself without having recourse to their social assistance systems.

4. Third-country nationals who are considered to pose a threat to public policy, public security or public health shall not be admitted.

5. When examining an application for an authorisation referred to in Article 12(2), Member States shall verify that the third-country national does not present a risk of illegal immigration and that he or she intends to leave the territory of the Member States at the latest on the date of expiry of the authorisation.

6. In cases where the work contract or binding job offer specifies that the third-country national will exercise a regulated profession, as defined in Directive 2005/36/EC, the Member State may require the applicant to present documentation attesting that the third-country national fulfils the conditions laid down under national law for the exercise of that regulated profession.

7. Member States shall require third-country nationals to be in possession of a valid travel document, as determined by national law. Member States shall require the period of validity of the travel document to cover at least the period of validity of the authorisation for the purpose of seasonal work. In addition, Member States may require:

(a) the period of validity to exceed the intended duration of stay by a maximum of three months;

(b) the travel document to have been issued within the last 10 years; and (c) the travel document to contain at least two blank pages.