Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers (c. 36)

CHAPTER II U.K. CONDITIONS OF ADMISSION

Article 5 U.K. Criteria and requirements for admission for employment as a seasonal worker for stays not exceeding 90 days

1. Applications for admission to a Member State under the terms of this Directive for a stay not 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 no recourse to their social assistance systems.

4. 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 of the European Parliament and of the Council(1), 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.

5. When examining an application for an authorisation referred to in Article 12(1), Member States not applying the Schengen acquis in full shall verify that the third-country national:

(a) does not present a risk of illegal immigration;

(b) intends to leave the territory of the Member States at the latest on the date of expiry of the authorisation.

(1)

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).