The South African Trusted Employer Scheme (TES) represents a pivotal development in the country’s approach to attracting foreign expertise. This article provides an analysis of the major benefits of this scheme, following the recent distribution of memoranda of understanding by the Department of Home Affairs to registered companies.
Streamlining Critical Skills Acquisition
Elimination of SAQA Certification Requirement: The Trusted Employer Scheme removes the need for critical skills applicants to provide SAQA certification, effectively reducing the processing time by approximately four months.
Bypassing Registration with Professional Bodies: Applicants are now only required to demonstrate their fit within the critical skills category, simplifying and speeding up the application process.
Simplified Processes for General Work Visas and Intra-Company Transfer Visas
General Work Visa Adjustments: The scheme waives previously mandatory requirements such as the SAQA and the Department of Labour letter for general work visas.
Ease in ICT Requirements: The requirement for a transfer of skills plan for Intra-Company Transfer Visas is abolished, minimising administrative burdens.
Commitment to Expedited Processing Times
The TES introduces ambitious processing timelines that are set to significantly enhance efficiency.
Overseas Application Processing: The processing period for critical skills, general work, and ICT applications submitted overseas is projected to be between 5 to 20 working days.
Local Application Processing: For applications submitted within South Africa, the scheme promises a processing time of 5 to 10 days for work visas.
Enhanced Efficiency in Appeals and Waiver Applications
Reduction in Processing Time for Appeals and Waivers: The Department of Home Affairs commits to processing these applications within 60 days, a considerable improvement from the previous 6 to 8 months timeframe.
Facilitation for Permit Residencies and Family Members
Streamlined Processing for Employees and Their Families: Applications for permit residencies for employees of TES registered entities, including those for family members, are to be processed within eight months.
Legal Considerations and Compliance Requirements
There are queries regarding the enforceability of the above timelines. Nevertheless, the establishment of a dedicated processing unit by the Department of Home Affairs is a strong indication of the commitment to these goals.
Scheme Duration and Employer Compliance
The TES agreement is stipulated for a duration of five years. Registered employers are mandated to adhere to existing statutory requirements under the Immigration Act, conduct mandatory criminal background checks, and comply with potential application prerequisites.
Conclusion
The Trusted Employer Scheme is set to provide South African companies with a streamlined, efficient approach to employing foreign talent, potentially marking a significant advancement in the country’s competitive edge in the global market.
While certain aspects of the scheme require further clarification, the proactive steps taken by the Department of Home Affairs are commendable and indicative of a progressive shift in immigration and employment policies.
Written by Andreas Krensel, Managing Director
Edited by Simon Carletti, PR and Creative Supervisor
