South Africa – Trusted Employer Scheme Could Attract Much-Needed Talent

Qualifying Criteria 

To qualify for this programme an employer or business must demonstrate:

• its financial capacity to employ a foreign national;
• its commitment to training programmes for South African citizens; and
• its status as a responsible corporate citizen.

Private-sector employers that participate in the programme can benefit from priority processing of their visa applications thanks to reduced requirements and supporting documents.

The selection criteria will be a points-based system and qualifying businesses and corporations will be required to meet the below criteria:

• The first requirement is to make an investment, either by investing in South Africa or pledging to do so.
• In the government’s communication regarding TES, it notes ZAR 500 million as an example of the defined threshold of investment.  This will earn the company 20 points.  This pledge is to be made at the Annual South African Investment Conference (SAIC).
• o qualify, a business must have at least 500 employees, 60 percent of whom must be South African, which will result in 25 points.
• Additionally, the sector in which the company is registered will be considered.  Certain sectors according to the Department of Trade Industry Competition (DTIC) are considered of national priority or strategic importance, such as the energy sector.  If the company falls within one of these sectors, it will receive an additional 15 points.
• Demonstration of skills transfer and evidence of how the company adheres to skills transfer requirements. The business must show proof of an existing Skills Transfer Programme or Graduate Development Programme, earning 10 points.
• Enterprise size would be based on the total number of full-time-equivalent paid employees and the total annual revenue.  The minimum annual turnover is sector-specific, however, the minimum number of local employees is 500.  This offers up to 30 points.

Impact of the Trusted Employer Scheme

• All visa applications for TES employers will be processed through the Premium Visa Application Centres and One Stop Shop Premium Lounges.  This will save time and alleviate the challenges associated with the visa application process.
• TES employers will enjoy reduced visa requirements, reducing the administrative burden on the employer.
• Each TES employer will have a dedicated Key Account Manager at the Department of Home Affairs.  
• The scheme helps ensure that work visa outcomes will be obtained much quicker, enhancing efficiency and reducing processing times.

Non-compliance with the Scheme

Companies found to have transgressed the rules through an Immigration Inspectorate Audit will be strictly penalised.  The Directors of the company may be fined and the company will be expelled from the Scheme; the company may be disallowed from bringing foreign workers into South Africa for up to three years. 

Application Process

• Once the Trusted Employer Scheme is launched, all businesses will have a 30-day window to apply from the date of the launch.
• Only 100 businesses will be accepted initially, and the scheme will be reviewed over a period of 100 days.
• After this initial period, more businesses will be able to register.
• An internal panel will review the application and the decision will be received within 60 days.
• If the application is approved, the organisation will be recognised as a trusted corporate employer.  There is no appeal process should the application be denied.

Contacts