Trusted Employer Scheme Visa Issued Within 24 Hours

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About the Trusted Employer Scheme

South Africa’s Trusted Employer Scheme (TES), introduced by President Cyril Ramaphosa in 2023, officially came into effect on 1 March 2024 for 68 companies, out of the 108 that applied.

The TES simplifies the complex process of securing visas and permits with reduced requirements for work visa applications as well as improved processing times.

We anticipated that there would be a certain level of delay in the initial stages with some teething problems, as has been the case in the past where new Regulations or Directives have been rolled out. The process has however been mostly positive and with some immediate wins for Employers, Jacobs confirmed.

Securing your TES Status

Companies seeking Trusted Employer status must meet specific criteria, including capital investment, graduate training programs, and evidence of good standing with various government departments.

Despite the initial application deadline passing, a new opportunity for companies to apply is on the horizon.

In a recent press conference, the Minister of the Department of Home Affairs confirmed that a second round of applications for TES will open in May 2024. The Minister at the same time warned that Trusted Employers are subject to a more stringent audit process and transgressors will be kicked off the scheme.

Benefits of Trusted Employer Status

The advantages of being a Trusted Employer go beyond mere status symbols, they translate into tangible benefits that drive business success. Foremost among these benefits are the streamlined processing times for work visas and permits:

  • Applications submitted in South Africa through VFS are processed in 5 – 10 business days.
  • Applications submitted through SA Embassies and High Commissions are processed in 5 – 20 business days.
  • Waivers and Appeals are processed in 60 – 70 business days.
  • Permanent Residency Permits are processed in 8 months.
  • Short Term Visas are processed in 5 business days.

In contrast, non-Trusted Employers face considerably longer processing times, and with some visas now pending over 24 months. There remain substantial delays especially on waiver and appeals impacting negatively on business. Additionally spousal and relative visas are adversely affected by the visa backlog, with the Department highlighting difficulty in verifying supporting documents for these categories as a contributing factor to the slow processing and issuance of visas.

Next Steps

We encourage all companies who meet the criteria to apply for the Trusted Employer Scheme when the next round opens. Where companies are not part, or not yet part of the Scheme, a well-planned, proactive, legal approach continues to serve applicants well with predictable steps in place to report back to business in a meaningful way.

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Round Two – Minister of the Department of Home Affairs Gazette New Immigration Regulations: A Closer Look at the Changes

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The publication of the regulations was eagerly anticipated as it introduced welcome changes to the Immigration system in South Africa.

Marisa Jacobs, the Managing Director at Xpatweb and a Business Representative on the National Economic Development and Labour Council (NEDLAC) immigration and migration committee gives a brief overview of the key points addressed in the newly Gazetted regulations.

Introduction of the Remote Work Visa: A notable addition is the Remote Work Visa, designed for individuals wishing to reside in South Africa while working for foreign employers or have foreign sourced income on a remote basis. This visa targets high-earning individuals and aims to stimulate the South African economy.

In order to qualify for the Remote Work Visa, foreign nationals must earn at least R1,000,000.00 (One Million Rand) annually.

An area of concern on the first draft of the legislation centred around the exemption from tax for remote workers, where they secure a visa for 6 months or less, specifically drafted into the Immigration Regulations. The revised version of the Regulations instead provides that remote workers “may apply to be exempted by the South African Revenue Service from registering as a taxpayer” and those who are issued with a remote work visa for a period longer than 6 months in a 36-month period “must register with the South African Revenue Service”.

Point-Based System for Work Visas: The DHA has further gazetted a point-based system for Work Visas. This is aimed at a streamlined approach for the adjudication of Work Visas and specifically targets the General Work Visa, according to the Minister’s press conference in April where he briefly unpacked the legislation changes. The points-based system will consider factors like age, qualifications, language skills, work experience, and “any other relevant factors”. The factors will be detailed by the Minister of Home Affairs in the Government Gazette from time to time.

Notably “ability to adapt” has been excluded in the revised Regulations, this makes for a welcome change as a points-based system aims to bring clarity, predictability and objective parameters.

Professional body registration: The DHA has further provided a distinction between proof of application and actual registration with a professional body recognised by SAQA for Critical Skills Work and Corporate Visas. Proof of application now allows a visa to be issued for up to twelve (12) months, while membership permits visas up to five (5) years for Critical Skills and three (3) years for Corporate Visas.

Police Clearance and Radiological Reports: The Regulations specifically revised the definition of “police clearance certificate” and made provision for the removal of the “radiological report” requirement. These changes align with the proposals in the Vulindlela Report and Directive No. 5 of 2023, issued by the Minister of Home Affairs on April 11, 2023. Police Clearance Certificates are now only needed from Applicants who are 18 years old or older who have lived in a country for twelve (12) months or longer in the past five (5) years. The requirement to include a radiological report with visa applications is removed.

Change of Status for Family: The Regulations also address Constitutional Court judgments allowing foreign spouses, children of South African citizens or permanent residents, and foreign parents of South African children to change visa conditions without leaving the country. These changes uphold constitutional rights to dignity and family unity. 

In Closing

The newly gazetted immigration regulations signify valuable progress by the DHA in their ongoing efforts to modernize immigration system and foster economic growth through strategic visa policies.

As a provider to large corporates and multinational organisations in South Africa, as well as high net worth professionals, we remain optimistic that these changes along with initiatives such as the Trusted Employer Scheme, gives some confidence back to a visa system that has in recent years been crippled by a growing backlog and plagued by inefficiencies.

We have seen in the last 6 – 12 months an increased uptake by business to mobilise talent to South Africa as they take advantage of initiatives, including the Trusted Employer Scheme, along with a proactive legal based approach to facilitate efficient visa processing.

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