Important Updates
Important Updates
September 19, 2025 | TaiwanTaiwan: Digital Arrival Card Forthcoming
September 19, 2025 | IndonesiaIndonesia: Work Permit Processing Delays due to System Outage
September 19, 2025Middle East: Processing Delays Due to Red Sea Cable Disruption
September 19, 2025 | New ZealandNew Zealand: Most Overseas Adoptions No Longer Recognized
September 19, 2025 | New ZealandNew Zealand: Updates to Student Visa Processing, Eligibility, and Work Rights Announced
September 19, 2025 | TaiwanTaiwan: Digital Arrival Card Forthcoming
September 19, 2025 | IndonesiaIndonesia: Work Permit Processing Delays due to System Outage
September 19, 2025Middle East: Processing Delays Due to Red Sea Cable Disruption
September 19, 2025 | New ZealandNew Zealand: Most Overseas Adoptions No Longer Recognized
September 19, 2025 | New ZealandNew Zealand: Updates to Student Visa Processing, Eligibility, and Work Rights Announced
September 19, 2025 | TaiwanTaiwan: Digital Arrival Card Forthcoming
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese 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

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • 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
  • 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

Awards

Fragomen Receives Ally in Action Award from Oasis Legal Services

Fragomen was recognized by Oasis Legal Services with the Ally in Action Award at their 8th Annual Community Celebration: Liberation Sounds Like Us, which took place on September 12, 2025 in Oakland, California.

Learn more

Video

Summer 2025 Highlights | #FragomenFC - Ep. 11

Fragomen FC hosts recap major international football transfers and tournaments played this summer.

Learn more

Media mentions

The PIE: US Visa Changes “Further Widening Global Equity Gap”

Partner Aaron Blumberg highlights how careful planning can help international students navigate US visa changes and avoid disruptions to study and travel.

Learn more

Media mentions

Agência Eixos: Inovação e contratação de talentos estrangeiros: o desafio do compliance em novos cenários

Managing Director Diogo Kloper examines the challenges of hiring foreign talent in Brazil’s evolving energy sector and the role of compliance in supporting innovation.

Learn more

Blog post

Skilled Worker Visa 2025: Impact on UK Aviation Roles

Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Learn more

Media mentions

Construction Management: Crackdown on Illegal Working in Construction

Manager Kirsty Moore highlights the need for UK construction employers to maintain compliance and manage risks.

Learn more

Media mentions

Newsweek: Green Card Update: Applicants Receive Major Boost

Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Learn more

Video

Permanent Access Cards Replaced by Permanent Identity Cards for Golden Visa Holders in Jebel Ali Free Zone | #MobilityMinute

Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Learn more

Blog post

Under the Microscope: How UK Care Providers Can Prepare for Home Office Compliance Checks

Manager Evan Tutton and Associate Naomi Nyamaah discuss increased Home Office scrutiny of the UK care sector, including more sponsor licence compliance checks and enforcement visits due to concerns over non-compliance and exploitation.

Learn more

Blog post

Understanding the 2025 Changes to Belgium’s Family Reunification Rules

Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Learn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Awards

Fragomen Receives Ally in Action Award from Oasis Legal Services

Fragomen was recognized by Oasis Legal Services with the Ally in Action Award at their 8th Annual Community Celebration: Liberation Sounds Like Us, which took place on September 12, 2025 in Oakland, California.

Learn more

Video

Summer 2025 Highlights | #FragomenFC - Ep. 11

Fragomen FC hosts recap major international football transfers and tournaments played this summer.

Learn more

Media mentions

The PIE: US Visa Changes “Further Widening Global Equity Gap”

Partner Aaron Blumberg highlights how careful planning can help international students navigate US visa changes and avoid disruptions to study and travel.

Learn more

Media mentions

Agência Eixos: Inovação e contratação de talentos estrangeiros: o desafio do compliance em novos cenários

Managing Director Diogo Kloper examines the challenges of hiring foreign talent in Brazil’s evolving energy sector and the role of compliance in supporting innovation.

Learn more

Blog post

Skilled Worker Visa 2025: Impact on UK Aviation Roles

Manager Adam Hickling, Senior Immigration Consultant Katya Fedorenko and Paralegal Sasindie Ambawatte explore how upcoming changes to the UK's skilled worker visa scheme may affect recruitment and retention in the aviation sector.

Learn more

Media mentions

Construction Management: Crackdown on Illegal Working in Construction

Manager Kirsty Moore highlights the need for UK construction employers to maintain compliance and manage risks.

Learn more

Media mentions

Newsweek: Green Card Update: Applicants Receive Major Boost

Partner Parisa Karaahmet discusses updates in the October 2025 US visa bulletin for employment-based green card applicants.

Learn more

Video

Permanent Access Cards Replaced by Permanent Identity Cards for Golden Visa Holders in Jebel Ali Free Zone | #MobilityMinute

Afzal Amin highlights a significant update for UAE Golden Visa holders: the Jebel Ali Free Zone authorities have replaced permanent access cards with permanent identity cards.

Learn more

Blog post

Under the Microscope: How UK Care Providers Can Prepare for Home Office Compliance Checks

Manager Evan Tutton and Associate Naomi Nyamaah discuss increased Home Office scrutiny of the UK care sector, including more sponsor licence compliance checks and enforcement visits due to concerns over non-compliance and exploitation.

Learn more

Blog post

Understanding the 2025 Changes to Belgium’s Family Reunification Rules

Associate Pauline Chomel and Immigration Consultant Pebbless Agyemang discuss Belgium’s new family reunification rules and their impact on applicants.

Learn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

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.