London construction is entering a new phase of workforce compliance.
From 2026, immigration status verification is no longer a background HR process. It is becoming a frontline operational control on site. The Home Office’s transition to fully digital immigration status, combined with intensified illegal working enforcement, means EU workforce compliance now sits alongside health and safety, Building Safety Act duties and right-to-work inspections as a core delivery risk.
For contractors operating in London’s complex labour market, with layered subcontracting, agency supply chains and transient site workforces, the EU Settlement Scheme update creates a new set of practical checks that site teams must now manage in real time.
This is not an immigration briefing, this is a site access and delivery compliance issue.
eVisa is now the only legal proof of right to work
Physical documents are being phased out. Biometric Residence Permits, letters and paper confirmations no longer carry legal standing on site.
EU nationals now prove their immigration status exclusively through their UKVI digital account. Their right to work exists only as an electronic record held by the Home Office.
From early 2026, additional border checks will be introduced and carriers will be required to verify digital immigration status before boarding. If an individual’s UKVI account does not match their travel document, they can be delayed, refused boarding or refused entry.
For construction employers this creates a direct operational exposure. A worker who cannot travel back into the UK cannot return to site, a worker whose digital status cannot be verified cannot pass a compliant right-to-work check and a worker whose records are incorrect may appear lawful but fail inspection.
On a live London project, this is not an inconvenience, it is a programme risk.
Passport changes now create site access risk
A large proportion of EU construction workers renew their passports without updating their UKVI account. Under the new system, this is no longer an administrative oversight, it becomes a compliance failure.
If a worker’s passport number, nationality or expiry date does not match the Home Office database, their eVisa cannot be verified. That breaks the right-to-work chain.
On site, this can lead to immediate access refusal, failed compliance audits, agency workforce suspension and potential Home Office enforcement action.
For Principal Contractors, this matters because right-to-work checks cannot be delegated away. Liability follows the labour supply chain up to the dutyholder controlling site access.
From 2026, site induction should explicitly include confirmation that UKVI digital records match current passports.
The new settled status residence rules change workforce stability
The Home Office has quietly changed the residence rules for pre-settled status holders. EU workers can now qualify for settled status if they have been resident in the UK for at least 30 months in the last five years and first arrived at least five years ago. They no longer need to demonstrate continuous residence or explain absences, provided they meet the 30-month rule.
For construction employers, this matters because pre-settled status is temporary, it expires. If it lapses, the individual becomes unlawful overnight. Settled status is permanent, it removes renewal risk, expiry risk and sudden loss of labour.
In practice, London contractors should now be actively encouraging pre-settled workers to upgrade to settled status. This stabilises workforce availability and reduces the risk of unplanned labour loss mid-project.
Automated settled status creates a new verification obligation
From 2025 onwards the Home Office has begun automatically converting eligible pre-settled status holders to settled status using tax and benefit records. This process will expand further in 2026 under the new 30-month rule.
Workers may not even realise their status has changed. For employers, this creates a compliance gap. A right-to-work check completed two years ago may now be out of date. The status on record may no longer reflect the worker’s current immigration position.
Under Home Office guidance, employers must conduct repeat checks where time-limited permission exists. In construction, where projects run for years and labour moves between sites, this is now a critical control.
Digital right-to-work checks should be refreshed for any worker originally verified under pre-settled status.
Construction is now a priority enforcement sector
Illegal working enforcement has shifted decisively into construction.
The Home Office has made clear that high-risk sectors with fragmented labour supply chains are now priority targets. Construction now sits alongside logistics, hospitality and facilities management as a primary enforcement focus.
London sites are particularly exposed. Large workforce volumes, multiple subcontract layers, agency labour, international workers and rapid turnover create the perfect enforcement profile.
Fines now routinely exceed £60,000 per illegal worker. Directors can face disqualification, sponsor licences can be revoked and projects can be shut down mid-delivery.
Under the Building Safety Act regime, workforce competence and organisational control are already under regulatory scrutiny. Immigration compliance is now joining that framework of accountability.
What site teams must now do
From 2026, EU workforce compliance should be treated as a live operational system, not a one-off HR check.
- Site access should be conditional on a verified digital right-to-work record.
- Passport updates must trigger UKVI account updates.
- Pre-settled workers should be tracked and supported into settled status.
- Long-running workers should have repeat digital checks.
- Labour suppliers must be contractually bound to maintain live compliance records.
On Higher-Risk Building projects, where dutyholder accountability is personal and regulatory oversight is permanent, workforce legality is now part of the Golden Thread.
If the workforce is not lawful, the building is not lawful.
London delivery reality
London is built by an international workforce. EU engineers, trades, supervisors and specialists remain essential to the capital’s delivery capacity. The EU Settlement Scheme is not a political issue for construction, it is an operational dependency. From 2026, immigration compliance becomes part of site control in the same way that RAMS, permits, inductions and safety briefings already are.
Those who treat it as admin will lose labour, those who ignore it will face enforcement and those who integrate it into site systems will stay operational.
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Expert Verification & Authorship: Mihai Chelmus
Founder, London Construction Magazine | Construction Testing & Investigation Specialist |
