• 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

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more

Media mentions

Proposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact

Partners Bo Cooper and K. Edward Raleigh and Senior Counsel Mitchell Wexler discuss the potential impact of a proposed $103,265 fee for cap-subject H-1B petitions on employers and foreign talent.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for our Leadership Lifecycle initiative.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Video

Brazil’s Private Investor Visa: What You Need to Know

Partner Diana Quintas outlines key requirements and considerations for Brazil’s Private Investor Visa, including investment thresholds, documentation and the application process.

Learn more

Blog post

Global Talent Visa Expansion: What the Expanded UKRI Endorsed Funder List Means for the Creative Sector

In this blog, Senior Manager Sean Rhodes and Associate Miłosz Skorupski break down what has changed, who may benefit and what organizations should consider next following the UK government’s expansion of the Global Talent visa’s endorsed funder pathway.

Learn more

Media mentions

AIP: Trump Administration Proposes New Six-Figure H-1B Fee

Partner Bo Cooper discusses the potential impact of the proposed $103,265 fee for cap-subject H-1B petitions on US employers and international talent in AIP.

Learn more
Generic Insights

Blog post

Luxury Retail’s Evolving Talent Needs: When Business-Critical Skills Don’t Fit Traditional Immigration Categories

In our latest blog, Canada Managing Partner Cosmina Morariu explores how aligning mobility with talent planning can help brands deploy critical expertise where it is needed.

Learn more

Podcast

Moving HQ to the Middle East: A Success Perspective with VEON - Beyond Borders Series | The Immigration Conversation

Partner Ali Haider and Director Shoaib Khaleeli speak with VEON Chief People Officer Jameel Asghar about leadership, future-ready talent, organisational resilience and VEON’s decision to relocate its headquarters to Dubai.

Learn more

Media mentions

Financial Times: Trump Administration Pauses Immigrant Visa Applications

Senior US Consular Manager Brian Simmons discusses the impact of the Trump administration’s worldwide pause on immigrant visa applications and the disruption caused by last-minute interview cancellations in the Financial Times.

Learn more

Blog post

Latin America’s Evolving Mobility Landscape: Opportunity and Complexity Advancing Together

Latin America and the Caribbean Managing Partner Leonor Echeverria explores how stronger compliance expectations, processing constraints and increasingly fragmented immigration policies are reshaping workforce mobility across the region—and where new pathways for specialized talent are emerging.

Learn more

Media mentions

Proposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact

Partners Bo Cooper and K. Edward Raleigh and Senior Counsel Mitchell Wexler discuss the potential impact of a proposed $103,265 fee for cap-subject H-1B petitions on employers and foreign talent.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for our Leadership Lifecycle initiative.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

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 InsightsVietnamese ImmigrationView 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
  • Vietnamese Immigration
  • 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
August 28, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
September 1, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
August 31, 2026 | CanadaCanada: Hong Kong Permanent Residence Pathways Closed to New Applications
August 28, 2026 | MalaysiaMalaysia: New Photograph Verification Processes
August 28, 2026 | United StatesUnited States: DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
August 28, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
September 1, 2026 | ThailandThailand: Reduction in Visa-Exempt Stay Duration Forthcoming
August 31, 2026 | CanadaCanada: Hong Kong Permanent Residence Pathways Closed to New Applications
August 28, 2026 | MalaysiaMalaysia: New Photograph Verification Processes
August 28, 2026 | United StatesUnited States: DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
August 28, 2026 | 🌐Worldwide: Temporary Ebola-Related Entry Restrictions Introduced
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.