• Insights

Everything You Need to Know About South Africa’s Trusted Employer Scheme Waiver

March 19, 2024

Everything You Need to Know About South Africa’s Trusted Employer Scheme Waiver

Countries / Territories

  • South AfricaSouth Africa
  • KenyaKenya

Related contacts

Porthole headshot image of Fragomen [Johannesburg][PracitceLeader][LungaMani]

Lunga Mani

Partner

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9065

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][PracitceLeader][LungaMani]

Lunga Mani

Partner

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9065

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][PracitceLeader][LungaMani]

Lunga Mani

Partner

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9065

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Lunga Mani

After months of waiting for the implementation of the Trusted Employer Scheme (TES), the South Africa Department of Home Affairs (DHA) announced that the scheme is in operation.

Members of the scheme requiring foreign talent are now able to obtain it using a streamlined process with fewer documentary requirements. This is a major governmental step in creating an enabling environment for high-impact businesses to operate in South Africa, and in creating employment opportunities for South African citizens and permanent residents.

Additionally, the government managed to accommodate the immigration needs of high-impact investors in the country by implementing the TES as a measure to ease the attraction and retention of talent.

Background: Trusted Employer Scheme (TES)

The TES was announced by the President of South Africa during the 2023 Investment Summit. It was part of the government’s initiative to ensure that companies that comply with all applicable laws benefit from a streamlined immigration process.

After a public consultation process, the DHA released the final requirements for membership of the scheme with a closing date expression of interest to the scheme.

According to the DHA, selected companies will be members of the scheme for five years. Additionally, the implementation of the scheme will be monitored, and any issue identified will be corrected before another window can be opened.

Waiving of Prescribed Requirements

To give effect to the streamlining of the work visa process, the submission of certain documents needed to support the work visas has been waived by the Minister of Home Affairs for the TES pilot participants.

In the case of General Work Visas (GWV), the submission of the labour certificate confirming the non-availability of citizens or permanent residents with qualifications or skills and experience equivalent to those of the applicant was waived.

Additionally, the evaluation of the foreign qualification was waived. Concerning the Critical Skills Work Visa (CSWV), the provision of the evaluation of foreign qualification, together with registration with a professional body was waived.

Regarding the Intra-Company Transfer Work Visa (ICTWV), the provision of the skills transfer plan for seconded employees of the members of the TES was waived (See Figure 1 for the waived requirements).

Fig. 1: List of supporting documents waived for TES members

Fig. 1: List of supporting documents waived for TES members

The waiver of these documents is a great step towards speedy mobilisation of critical resources for organisations and South Africa, as procurement of these documents can take several weeks.

Compliance Requirements

At first look, one would be forgiven for thinking that there are no checks and balances for the work visas issued to the TES members. However, the waivers are not concerning compliance with the Immigration Act, but to the submission of documents proving compliance with certain regulations.

An example of this would be regulation 18(3)(1) where the submission of the Department of Labour certificate has been waived. This certificate confirms that, despite a diligent search, the company could not find a suitable citizen or permanent resident with qualifications or skills and experience equivalent to those of the applicant.

This requirement will sit with the company employing the applicant. For ease of workplace audit by the DHA’s inspectorate, a company would need to keep its own records proving that it underwent a diligent search process and chose the candidate based on her experience and skill.

The waiver of the labour certificate removed the cumbersome process of having to prove this to the Department of Labour and trust the company to follow the rules on its own.

What companies must think more about is the verification of qualifications by SAQA. Is this still required as it is a specialised service? The waiver is that of submission of the documents with the application. This is where the jury is still out. This may be clarified after the 100-day pilot period.

Companies should consider and understand their statutory duties and obligations, which include keeping records supporting their appointment of foreign nationals, whether required for the application submission or not.

With the compliance being moved from being required by the DHA on submission of the work visa application to employer self-checks, one would expect to see immigration audits being put in place in the future to ensure that companies follow the compliance requirements.

Looking Ahead

The optimization of the immigration process, while beneficial to designated members of the TES, underscores the importance of adhering to statutory responsibilities and obligations as integral facets of corporate citizenship within the TES community.

In instances of uncertainty, it is advisable to engage reputable immigration professionals for guidance or support. Moreover, for effective service provision, it is essential to maintain communication with designated key account managers, ensuring alignment with planned projects for adequate support.

Need to Know More?

For more information regarding the TES or South Africa’s broader immigration rules, please reach out to Sub-Saharan Africa Practice Leader Lunga Mani at [email protected].

This blog was published on 19 March 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram

Countries / Territories

  • South AfricaSouth Africa
  • KenyaKenya

Related contacts

Porthole headshot image of Fragomen [Johannesburg][PracitceLeader][LungaMani]

Lunga Mani

Partner

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9065

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][PracitceLeader][LungaMani]

Lunga Mani

Partner

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9065

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][PracitceLeader][LungaMani]

Lunga Mani

Partner

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9065

Related offices

  • Johannesburg
  • Nairobi

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Fragomen news

Fragomen Expands Asia Pacific Presence with New Vietnam Offices

Fragomen has opened new offices in Hanoi and Ho Chi Minh City, expanding its presence and immigration capabilities across Asia Pacific.

Learn more

Media mentions

Human Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought

Partner Jack Kim discusses how organizations can take a more strategic approach to global mobility through actionable intelligence, proactive workforce planning and preparation for geopolitical disruptions.

Learn more

Blog post

UK Budget 2026: What the Government’s Immigration Plans Mean for Employers

In a new blog, UK Government Affairs Strategy Director Shuyeb Muquit examines what this direction could mean for employers, including why access to international talent may increasingly be considered alongside investment, productivity, innovation, regional growth and long-term workforce development.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 2, 2026 | VietnamFragomen Expands Asia Pacific Presence with New Vietnam Offices
November 2, 2026 | CanadaHuman Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought
November 2, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
November 2, 2026 | VietnamFragomen Expands Asia Pacific Presence with New Vietnam Offices
November 2, 2026 | CanadaHuman Resources Director: Global Mobility Risk Can No Longer Be an HR Afterthought
November 2, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
October 30, 2026 | ChinaChina: APEC Business Travel Card Validity Extended
October 30, 2026 | IrelandIreland: Employment Permits Portal Offline Following Unauthorized Activity
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.