Home Affairs Game Changer for Approved Corporates Kicks-Off this Week

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Trusted Employer Scheme

The systematic problems with our work visa system needed an innovative solution and Home Affairs have late 2023 announced a “Trusted Employer Scheme”. In order to qualify, companies needed to meet a number of criteria including capital investment, facilitate graduate development programs, employ a minimum of 60% South Africans, and maintain good standing with relevant government departments, etc.

108 Applications, 65 Approved

The Department of Home Affairs received 108 applications, 65 have been approved, 35 employers were declined for not meeting the minimum criteria and the remainder await adjudication. An appeal process is in place for declined applicants, offering an opportunity for reconsideration. There were also late applications, which were not considered by Home Affairs; the point being how can you be treated as “trusted” when you are unable to make the submission deadline?

DHA enters into a Memorandum of Understanding

This MOU was shared to some Trusted Employers last week, and implementation can start as soon as this week, once the formalities have been concluded. Most of our submissions have received this MOU and we will keep a close eye on how quickly this moves to allowing actual submissions and becoming an operational process.

Podcast explaining the Trusted Employer Scheme

In a podcast last week between Marisa Jacobs, Managing Director of Xpatweb, and Phindiwe Mbhele, Director of Corporate Accounts of the Department of Home Affairs, where the Trusted Employer Scheme is unpacked, they confirmed that the scheme design allows South African Employers to fast track almost all visa categories.

This is achieved by exempting and simplifying the complex and time-consuming items of the visa application process.

Critical Skills Work Visa

Employers may under the Scheme submit an undertaking to secure a SAQA Verification and Professional Body registration for the applicant allowing them to secure the work visa while these processes run in parallel.

SAQA verifications currently take on average 4 months to complete, significantly delaying companies to apply for and secure work visas. This new process will allow employers to mobilise talent within a fraction of the time it currently takes.

Mbhele explains in the Podcast that the onus will be on the Trusted Employer to ensure that the minimum requirements of qualifications, experience and professional registrations are met. He adds that the Company has much more to lose by not vetting the talent that they recruit to take the most senior and technical roles in their business.

Intra-Company Transfer Work Visa

For Multinationals applying for Intra Company Transfer Work Visas, they have already demonstrated as part of the Trusted Employer Scheme submission, that they have in place the necessary graduate development programmes, bursary schemes and otherwise skills transfer initiatives to develop South Africans citizens. As such Trusted Employers will not be required to submit skills transfer plans with their Intra Company Transfer Work Visa applications.

General Work Visa

Companies making use of the General Work Visa category will not be required to complete a local job search and obtain a Department of Labour certificate to apply for a General Work Visa. Instead, an undertaking will be required, and which will again aid in a significantly streamlined work visa application process.

Accompanying Family

The Immigration system has especially in the last 24 months been criticised for the separating of families with accompanying spouse and child visas taking longer to process.

Notably, the benefits of the Trusted Employer Scheme will extend to accompanying family members, alleviating a significant source of stress for expatriates and their loved ones.

Strict Compliance will be Key

While the documents requirements are significantly alleviated, this is with an expectation of “Trust” as is so prominently noted in the title of the Scheme Mbhele warns.

Each Trusted Employer is expected to ensure they continue to comply with the requirements noting that the undertakings are in place to ensure the faster processing of applications allowing the mobilising of talent in a fast and predictable manner.

The undertaking importantly, do not absolve the requirement but places the onus on the employer instead. Xpatweb operates a parallel compliance system and dashboard, which provides a technology tool for tracking and retention of records.

In conclusion, the Trusted Employer Scheme is well poised to be the Department of Home Affairs’ most successful initiative yet if it gets the traction promised. The market is cautiously optimistic.

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108 Corporates Seek Trusted Employer Scheme Status: 65 Approved, Implementation Imminent

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This development follows a rigorous evaluation process led by the Department of Home Affairs Corporate Accounts Unit.

Marisa Jacobs, Managing Director of Xpatweb sat down with Phindiwe Mbhele, Director of Corporate Accounts at the Department of Home Affairs to unpack the latest developments in terms of the highly anticipated Trusted Employer Scheme and the roll out.

Mbhele confirmed that the issuance of the memorandum of understanding (MOU) for approved employers is expected within the next day or two for signature, and the Director General is anticipated to counter sign as soon as received, thereby facilitating immediate application under this new and very exciting dispensation.

Jacobs adds that the Trusted Employer Scheme is well poised to be the Department of Home Affairs’ most successful initiative yet if it gets the traction promised.

Noteworthy are the various waivers aimed at enhancing the efficiency of the application process for prospective candidates.

Key Highlights:

  • Proactive steps are being taken, including the consideration of waivers, to accelerate processing and ensure a seamless transition for approved candidates.
  • A firm stance is maintained on compliance, with any deviation from prescribed standards risking severe penalties, leading to the revocation of Trusted Employer Status.
  • An appeal process is in place for declined applicants, offering an opportunity for reconsideration.

We are looking forward to the implementation phase and the efforts from the Department to streamline the immigration process, encompassing waivers to facilitate the ability for Trusted Employers to attract talent and secure work visas in a predictable and secure manner.

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Newsflash: Department of Home Affairs Approves First Companies for Trusted Employer Scheme

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The Trusted Employer Scheme, introduced in the wake of President Ramaphosa’s 2023 State of the Nation Address, is poised to set a new era for South Africa’s immigration process, particularly for large employers and investors. Its primary objective is to create a more predictable and efficient system that attracts top-tier talent and foreign investment to the nation.

One of the defining features of the Trusted Employer Scheme is its stringent qualification criteria, which ensures that only the most reputable and reliable companies gain access. This select list of companies will enjoy a streamlined and expedited immigration process, ultimately benefitting South Africa’s economic growth and stability.

The scheme promises several key benefits:

  1. Efficiency: The Trusted Employer Scheme aims to simplify and streamline the immigration process, reducing the bureaucratic hurdles that have hampered employers in the past.
  2. Reduced Documentation: With a focus on trust and reliability, the scheme will require less extensive documentation from participating companies, making the process smoother and more efficient.
  3. Accelerated Processing Times: Companies approved under the Trusted Employer Scheme will experience significantly faster and more predictable processing times for immigration-related matters, reducing delays and enhancing operational efficiency.

Over the last 24 months, the Department of Home Affairs has faced numerous challenges in managing immigration-related processes. The Trusted Employer Scheme represents a bold step forward in addressing these issues, offering a solution that benefits both employers and the South African government.

As the Trusted Employer Scheme commences, many businesses eagerly anticipate the opportunities it will bring. This initiative promises to strengthen South Africa’s position as an attractive destination for talent and foreign investment, setting the stage for an exciting new chapter in the nation’s economic development.

All applicants are expected to receive feedback between 19 and 26 January. We at Xpatweb look forward to being an integral part of this initiative and pledge our support to both the Department of Home Affairs and Trusted Employers as they navigate this exciting new chapter in South Africa’s immigration landscape.

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