Court Rules SA Mission Abroad Cannot Burden Visa Applicants with Unauthorised Requirements
01/07/2025
A recent High Court order has confirmed that South African
The Benefits of the Trusted Employer Scheme (TES)
South Africa’s work visa system has historically faced systemic challenges, prompting the Department of Home Affairs to introduce the Trusted Employer Scheme in 2023. This scheme aims to streamline visa processes for qualifying employers who demonstrate commitment to local workforce development and compliance with regulatory standards.
POINTS BASED SYSTEM AS THE SELECTION CRITERIA
A minimum of 80 points is required to qualify for the Scheme.
| Pledges/Proven Investment | 30 points |
| Employment | 25 points |
| Sector | 15 points |
| Skills Transfer/Development | 20 points |
| Equity Equivalence | 10 points |
| Total | 100 points |
The Trusted Employer Scheme (TES) plays a vital role in creating a more efficient and streamlined process for recruiting foreign talent in South Africa. It represents a significant positive initiative by the Department of Home Affairs (DHA) to enhance visa processing times and reduce administrative hurdles for employers.
BENEFIT OF THE TES
Critical Skills Work Visa
The Department of Home Affairs (DHA) now allows Critical Skills Work Visa submissions without requiring immediate SAQA verification and Professional Body registration. This change significantly speeds up the visa application process, enabling skilled professionals to apply more quickly. Important: Although these documents are not required upfront, applicants must still obtain and retain them for any future requests from the DHA during the visa processing or after approval.
General Work Visa
Applicants can now submit their Critical Skills Work Visa applications without the Department of Labour Certificate or a waiver for this requirement. This update will significantly reduce the overall processing time, making the visa application timeline much faster and more efficient.
Intra Company Transfer Work Visa
The requirement to submit a Skills Transfer Plan has been waived for Intra-Company Transfer Work Visa applications. While this may seem like a minor change, it significantly reduces the documentation burden for applicants. This exemption applies when the company already has a Graduate Development Program in place, ensuring skills development without the need for an additional transfer plan.
Processing times
Applications submitted at the Department of Home Affairs Head Office will be finalised within 5 to 10 business days. Similarly, applications lodged at South African foreign missions will also be processed and finalised within the same 5 to 10-day timeframe. This expedited turnaround significantly improves the overall visa application experience for skilled professionals.
Family
The improved processing times and streamlined document requirements for Work Visas applications will now also apply to the family members of primary applicants. This means dependents can benefit from faster visa approvals and simplified documentation procedures, making it easier for skilled professionals and their families to relocate to South Africa together.
Permanent Residency
All Permanent Residency (PR) applications that meet the full document requirements will be processed within a streamlined timeframe of 8 months , ensuring faster and more predictable outcomes for applicants.
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