In brief
Launched in October 2023, the Trusted Employer Scheme (TES), allows employers meeting specific criteria to recruit foreign workers through a streamlined, accelerated visa process. Although the initial pilot application period ended in November 2023, employers may again be able to apply to be accredited for TES purposes soon.
The Department of Home Affairs (DHA) is also reported to be planning its transition to a fully digitized visa application process for trusted employers.
In more detail
The TES system aims to facilitate the recruitment of employees with critical skills and streamline the processing of visa applications for corporate employees, investors, senior executives, and technical specialists. Following the implementation of the pilot process, participating companies had visas approved within days of initial application for highly skilled foreign professionals to work in South Africa. This was a welcome change from the lengthy period typically applying in processing such visas, normally lasting many months.
The five factors below are considered by the DHA and are reflected in its scorecard. The latter is designed to maintain transparency, ethical standards, and fairness. Corporations are required to attain a minimum score of 80 out of 100 points.
| No. | Factor | Points |
| 1 | Pledges/Proven Investment | 30 |
| 2 | Employment | 25 |
| 3 | Sector | 15 |
| 4 | Skills Transfer/Development | 20 |
| 5 | Equity Equivalence | 10 |
| Total | 100 | |
Eligible corporations should consider preparing their supporting documentation in anticipation of the TES process rollout. Applications must contain all the above information and the supporting documents listed in the TES application form. Companies could also contact the Department of Trade, Industry and Competition for a quick sector classification to confirm the sector in which their business operates.
The TES Inter-Departmental Committee will make a final decision in case of doubt or dispute. The DHA ultimately decides whether to grant TES status to any company.
Ahlisha Yesmariam, Immigration Paralegal, has contributed to this legal update.
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For additional information regarding each factor on the scorecard, please contact Johan Botes or Ahlisha Yesmariam.