By Nina Parry
If you still treat EU mobility as paperwork, you’re already off the job. It’s the difference between TCO and TLC: Total Compliance Or… Tender Lost.
In the European construction industry, winning the contract is not the toughest part anymore. The real challenge is simply showing up.
Currently, Europe is in the midst of a talent war. In construction, the shortage of workers is nearly three times what it was a decade ago. This shortage forces companies across the continent to limit production when they struggle to find people.
When you do find the specialists you need, you face another obstacle: Government Protectionism. Although the EU claims to be a single market, member states often use complicated local labour laws to protect their own workers from foreign competition. Most companies respond by playing it safe. They spend six months and thousands of euros setting up a local Dutch BV or a German GmbH just to appear compliant.
The truth is that by 2026, the “safe” route becomes a trap. By the time your local entity is registered, your project falls behind schedule, and your top specialists move on to more flexible firms. Beyond establishing offices, real mobility is in mastering the shortcuts that traditionalists overlook.
1. The “Legal Ghost” Entry: Van der Elst and Service Exemptions
Many companies believe that transferring a non-EU specialist from one country to another requires a new work permit, which can be costly.
The Pan-European Solution: Under the Van der Elst principle, if you have a non-EU worker legally employed in one EU state (like Poland), you can often send them to another (like Germany or Belgium) to provide services without needing a new work permit.
Germany: The Van der Elst visa is a common route we use for construction firms to move entire teams to German projects quickly and legally, avoiding the standard labour market test.
The Netherlands: For specialized installers, the Buwav 4.1.1.a exemption allows you to skip permits altogether for short-term projects.
2. The Brexit “Backdoor”: TCA Article 142
Since Brexit, many believe British expertise is excluded from the EU. This is not true. The EU-UK Trade and Cooperation Agreement (TCA) has a specific backdoor in Article 142 for Contractual Service Suppliers.
This allows British supervisors and engineers to enter countries like France, Germany, and the Netherlands without the economic needs test that affects everyone else. If your competitors are still figuring out how to sponsor a visa while you’re already on-site using Article 142, you have a clear advantage.
3. The “Talent Magnet”: The Reformed EU Blue Card
If you need long-term talent, don’t just hire; recruit actively using the newly reformed EU Blue Card. Recent changes have reduced red tape across the continent:
Intra-EU Mobility: Once a worker has a Blue Card in one EU country, moving them to another member state is now a simplified process instead of starting from scratch.
The 30% Ruling (Netherlands): If your path takes you through the Netherlands, you can combine the Blue Card with the 30% Ruling. This lets you pay 30% of a specialist’s salary tax-free to help cover costs like relocation and international schools. It’s the quickest way to offer net pay that local competitors can’t match.
4. When Should You Plant Your Flag?
Does this mean you never need a local entity? Not at all. If you have a long-term pipeline and require the Tax Substance needed for high-level government tenders in France or the Netherlands, a local entity is crucial. But don’t take the traditional route. We manage the notarial coordination and registrations in days, not months. The goal is to create a compliant vehicle ready for talent from Day 1, not a legal burden that holds you back.
The Bottom Line
Expansion in 2026 is about being quick and flexible. The companies that succeed are the ones that stop following the crowd and choose faster, smarter ways to enter the market. View our case studies to see how we’ve paved these paths for global construction leaders or contact CEG today for a straightforward look at your European roadmap.
