The South African Department of Home Affairs (DHA) recently rolled out the Trusted Employer Scheme (TES), a pivotal development in the country’s immigration policy aimed at bolstering the economy by attracting foreign talent. The announcement marked the culmination of anticipation that had built since the scheme's introduction by the President at the 2023 Investment Summit. This initiative represents a significant governmental effort to create a conducive environment for high-impact businesses and investors, promising to enhance job creation for South African citizens and permanent residents.
The Trusted Employer Scheme: A Glimpse Into the Future
The TES emerges as a strategic move to streamline the immigration process for companies that adhere to all applicable laws. This scheme facilitates a simpler, more efficient process for obtaining work visas for foreign talent, with reduced documentary requirements. Companies that become members of the TES can look forward to a five-year membership with ongoing monitoring and adjustments to ensure the initiative’s effectiveness and responsiveness to business needs.
A notable aspect of the TES is the waiving of certain documentary requirements for General Work Visas, Critical Skills Work Visas, and Intra-Company Transfer Work Visas. This waiving includes documents that typically take weeks to procure, such as labor certificates and evaluations of foreign qualifications. Such streamlining is aimed at accelerating the mobilization of critical skills necessary for the growth and development of businesses in South Africa.
Compliance and Responsibility: Ensuring a Balanced Approach
Despite the easing of document submission requirements, the TES does not compromise on compliance with the Immigration Act. The focus shifts from documentary proof to employer responsibility in ensuring adherence to immigration and labor regulations. Employers are expected to maintain records that demonstrate a diligent search for suitable local candidates before resorting to foreign hires, thus embedding a self-regulatory mechanism within the scheme.
This shift towards self-regulation and employer responsibility underscores the importance of compliance and good corporate citizenship within the framework of the TES. It suggests that future immigration audits may be directed towards verifying the adherence of companies to these principles, rather than scrutinizing the documents themselves.
Pros:
The Trusted Employer Scheme: A Glimpse Into the Future
The TES emerges as a strategic move to streamline the immigration process for companies that adhere to all applicable laws. This scheme facilitates a simpler, more efficient process for obtaining work visas for foreign talent, with reduced documentary requirements. Companies that become members of the TES can look forward to a five-year membership with ongoing monitoring and adjustments to ensure the initiative’s effectiveness and responsiveness to business needs.
A notable aspect of the TES is the waiving of certain documentary requirements for General Work Visas, Critical Skills Work Visas, and Intra-Company Transfer Work Visas. This waiving includes documents that typically take weeks to procure, such as labor certificates and evaluations of foreign qualifications. Such streamlining is aimed at accelerating the mobilization of critical skills necessary for the growth and development of businesses in South Africa.
Compliance and Responsibility: Ensuring a Balanced Approach
Despite the easing of document submission requirements, the TES does not compromise on compliance with the Immigration Act. The focus shifts from documentary proof to employer responsibility in ensuring adherence to immigration and labor regulations. Employers are expected to maintain records that demonstrate a diligent search for suitable local candidates before resorting to foreign hires, thus embedding a self-regulatory mechanism within the scheme.
This shift towards self-regulation and employer responsibility underscores the importance of compliance and good corporate citizenship within the framework of the TES. It suggests that future immigration audits may be directed towards verifying the adherence of companies to these principles, rather than scrutinizing the documents themselves.
Pros:
- Streamlines the work visa process, making it easier and faster for companies to hire foreign talent.
- Reduces bureaucratic hurdles by waiving certain documentary requirements, thus expediting the mobilization of critical skills.
- Encourages high-impact businesses and investors to contribute to South Africa's economy and employment landscape.
- Shifts the focus towards employer responsibility, promoting a culture of compliance and integrity.
- Potential risks associated with self-regulation, including the possibility of oversight or non-compliance.
- Uncertainty about the verification of qualifications and the long-term effectiveness of the scheme without comprehensive immigration audits.
- The need for companies to adapt to new responsibilities and possibly increase internal compliance mechanisms.
But how will they ensure that companies really search for local talent before hiring abroad? 
