In brief
The opening of Phase II of the South Africa's Trusted Employer Scheme (TES) is a welcome development for employers with recurring or anticipated foreign national workforce needs. Announced in 2023, with Phase I piloted in 2024, the scheme provides qualifying employers a more facilitative immigration process where they can show strong compliance, meaningful investment or economic contribution, and the corporate standing to support future visa applications. Phase II significantly expands eligibility beyond the original cohort of corporates and now also includes:
- Companies involved in strategic infrastructure projects
- Multinational enterprises establishing or operating regional or global headquarters in South Africa
- Certain qualifying financial sector entities
Approved TES employers receive significant immigration advantages, including:
- Priority processing of work visa applications
- Reduced documentary requirements
- Streamlined processing of Critical Skills and General Work Visa applications
Faster onboarding of senior executives, technical specialists and other scarce-skills personnel
Key takeaways
There are three separate scorecards against which employers may be assessed. The first applies to South African-based entities and is likely to be the most commonly used route for many established local employers. The second applies to entities that already have, or intend to establish, a regional or head office in South Africa. The third applies to Synthetic Financial Centres. The appropriate scorecard will ultimately depend on the employer's structure, commercial footprint, investment plans and strategic objectives in South Africa.
In more detail
The Department of Home Affairs has opened Phase II of the Trusted Employer Scheme (TES), further expanding a programme designed to attract investment, support economic growth and improve South Africa's ability to secure critical foreign skills. By recognising employers with strong compliance records, meaningful economic contributions and strategic importance to the country, the scheme aims to reduce administrative barriers associated with work visa applications. For businesses that regularly recruit foreign executives, technical specialists and other scarce‑skills personnel, TES participation can offer significant operational advantages. However, admission is not automatic, and employers must satisfy detailed eligibility criteria under one of the scheme's prescribed assessment scorecards. Employers considering participation should therefore understand the application requirements, timelines and supporting documentation needed to maximise their prospects of approval.
Eligibility is points-based, with employers required to submit evidence demonstrating that they meet the relevant criteria under the applicable scorecard. The points allocation is not merely a formality: employers will need to carefully assess which criteria they can substantiate and ensure that the supporting documentation aligns with the score claimed. This may include proof of pledges or investment, evidence of job creation or economic contribution, and records showing compliance with relevant statutory and regulatory obligations.
From a timing perspective, the estimated processing period is indicated as 30 working days after the closing date of 4 September 2026. Employers may expect outcomes from 19 October 2026, subject to any administrative delays or further requests from the Department. Employers should treat the application window as time-sensitive and gather documentation required for the application without delay.
In terms of documentation, employers should provide both scorecard-specific evidence and standard corporate documents. This may include proof of pledge or investment, company registration documents, a CIPC registration certificate, a SARS tax compliance certificate, and any additional records required to support the particular points being claimed. The strength of an application will likely depend on how clearly the employer can evidence each scoring category, rather than simply stating that the requirement is met.
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Ahlisha Yesmariam, Paralegal, has contributed to this legal update.