Since 2021, it is no longer possible to become a solicitor in the UK as a foreign qualified lawyer through the Qualified Lawyers Transfer Scheme (QLTS) requalification route. The Solicitors Qualifying Examination (SQE) has replaced the QLTS. Additional changes introduced this year have further expanded the foreign qualified lawyers’ capacity to work within the UK.
International lawyers on visitor visas
Following the changes introduced early this year to the UK Visit Visa Rules, the scope of permitted activities for overseas lawyers in the UK has expanded considerably. International lawyers can now provide legal services while in the UK as visitors.
Permitted activities include, but are not limited to:
- Advisory services
- Appearing and acting in arbitrations or mediations
- Acting as an expert witness
- Teaching
- Providing advocacy for a court or tribunal
- Litigation
- Transactional legal services, including drafting contracts
Importantly, the new rules relate to remote working. Foreign qualified lawyers will be able to carry out any of the permitted activities, including remote work, as long as this is not the primary purpose of their trip to the UK.
Qualifying in the UK
Lawyers who also wish to qualify in England and Wales must already hold a legal professional qualification, as well as an equivalent degree in any subject, or an equivalent qualification or work experience. They must then sit the two-stage SQE – the same exam taken by solicitors qualifying within the UK. The SQE may be taken by candidates from any jurisdiction, not just those recognised by the Solicitors Regulation Authority (SRA).
Foreign qualified lawyers may take the SQE assessments while not in England or Wales at a recognised test centre. Lawyers with international qualifications may apply to be exempt from the SQE based on their prior qualifications and experience.
To qualify for an exemption, the applicants’ professional qualifications must be equivalent to the whole element of that assessment. Foreign bars and law societies may also directly apply to the SRA to exempt one of their members. If the applicant is granted an exemption from the SQE2, they will need to prove their English or Welsh language competence. However, since 13th June 2024, lawyers are no longer allowed to apply or receive exemptions from a part of the SQE they have previously attempted to sit and failed.
Finally, international lawyers must satisfy the SRA’s character and suitability requirements. Qualified foreign lawyers are exempt from the two-year qualifying work experience requirements applicable to domestic candidates. However, they will need to upload certificates of good standing from each bar, law society or chamber that they are involved with.
The article was published on 07/11/2024
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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