Important Updates
Important Updates
May 21, 2025 | South AfricaSouth Africa: Extended Duration of Stay for Nationals of Lesotho
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 22, 2025 | 🌐Minimum Salary Changes Announced
May 21, 2025 | United KingdomLBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 21, 2025 | United StatesNegocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025
May 21, 2025 | South AfricaSouth Africa: Extended Duration of Stay for Nationals of Lesotho
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 22, 2025 | 🌐Minimum Salary Changes Announced
May 21, 2025 | United KingdomLBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 21, 2025 | United StatesNegocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025
May 21, 2025 | South AfricaSouth Africa: Extended Duration of Stay for Nationals of Lesotho
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • 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
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

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
ContactCareersMedia
  • 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

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.