South African Trusted Employer Scheme

The Trusted Employer Scheme is an initiative aimed at simplifying the process of hiring foreign workers for South African corporations. Under this scheme, eligible employers can enjoy expedited processing and reduced complexities in employing foreign talent.

This initiative is driven by the Department of Home Affairs and the Office of the Presidency, signalling a significant push toward a more efficient foreign labour market.

The primary objective of the Trusted Employer Scheme (TES) is to recognize and reward trustworthy users of the program by offering fewer document requirements and faster processing times for visa applications. For corporate employers, the most significant incentive is the ability to quickly process visa applications and mobilize foreign employees, enabling them to begin generating revenue from their services sooner.

During the annual South Africa Investment Conference (SAIC) on April 13, 2023, President Cyril Ramaphosa unveiled plans for an overhaul of the work visa system. This Trusted Employer Scheme was already discussed in the Department of Home Affairs’ White Paper in 2017.

The Trusted Employer Scheme was officially announced in regulations published on October 11, 2023.

To be considered for the Trusted Employer status, corporations must meet a Selection Criteria, achieving a minimum score of 80 out of 100 points is required.

The five required criteria are Significant Investment in the South African Economy and Pledge, Number of Employees, Sector Classification, Skills Transfer, and Employment Equity or Equity Equivalents.

In order to qualify, the first 2 criteria must be met, otherwise, you will not be eligible for the Trusted Employers Scheme.

1. Corporate companies that are interested in participating must be registered and operational.
2. They must submit their expression of interest with the following Department of Home Affairs form.
3. Submission can be made at the below details:
   • Delivered by hand to the Department of Home Affairs, 230 Johannes Ramokhoase Street, Hallmark Building (c/o old Proes and Andries Street), Pretoria, 0001, for attention of Mr Phindiwe Mbhele Tel.: (012) 406 7068
   • Mailed to the DHA at Private Bag X114, Pretoria, 0001
   • E-mailed to trustedemployerscheme@dha.gov.za
4. Applications must contain all information specified by the Selection Criteria with supporting documents (the email attachment limit is 5MB)
5. The closing date for submission and application is until 20 November – IBN Immigration Solutions can consult on this process to ensure that an application is best equipped for success.
6. Applications will be assessed by an inter-departmental committee, including officials from the Department of Home Affairs, the Department of Trade Industry and Competition, and the Department of Employment and Labour
7. Applicants will be advised on the outcome – this decision is final.

Under this system, compliance obligations are primarily placed on the employer, rather than the government, with corresponding sanctions for non-compliance.

To be included in the Trusted Employer Scheme, employers must undergo verification to demonstrate that they are legitimate businesses capable of adhering to the law.

Conversely, if an employer is found to have violated the rules (e.g., through an audit or Immigration Inspectorate), they may be barred from bringing foreign nationals into South Africa for three years.

In addition, the directors of the company may be personally fined, or the company may be permanently removed from the Trusted Employer Scheme.