Qualifying as a foreign lawyer in England and Wales

The prospect of qualifying into a new jurisdiction can be a daunting process even for the most experienced lawyer. Adapting to a new legal system, becoming familiar with new legislation and established practices can be overwhelming. However, the first step is understanding the process to qualify in the new jurisdiction.

In England and Wales, prospective lawyers and foreign qualified lawyers can qualify through the Solicitors Qualifying Examination (“SQE”) route.

To be eligible to qualify through the SQE route a foreign qualified lawyer must have:

·       a professional legal qualification which confers the right to practise in a jurisdiction;

·       demonstrated that they have the competences set out in the Statement of Solicitor Competence, and the knowledge of English and Welsh law set out in the Statement of Legal Knowledge through successful completion of the SQE;

·       a degree or qualification or experience which the Solicitors Regulation Authority (“SRA”) is satisfied is equivalent to a degree;

·       satisfy the character and suitability requirements; and

·       provided evidenced of proficiency in English or Welsh.

Confirming your degree equivalence

If you plan to qualify through the SQE route as a foreign qualified lawyer you will need to complete a comparability and equivalence check to confirm that your degree is equivalent to a UK level 6 qualification. The application is done via a third-party service provider. You should also be aware that this application process has a fee, which when I completed it was, £21.00 for the qualification check and an additional £18.00 for the comparability check for a total fee of £39.00 including tax.

Sitting the SQE

To qualify through the SQE route you will need to pass the SQE 1 and SQE 2, unless you have been granted an exemption.

The SQE 1 is divided into two assessments called Functioning Legal Knowledge (“FLK”) 1 and FLK 2, which are completed on two different days, but each is made up of 180 multiple choice questions. 

The SQE 2 is a practical assessment set over three days.

SQE 2 – Exemptions

It is possible to apply for an exemption from SQE 1 or SQE 2. While South African qualified lawyers are unlikely to be granted an exemption from SQE 1, those who have completed a two-year practical vocational training contract prior to their admission as an attorney may apply for an exemption from SQE 2.

Admission

In the admission application you will need to provide a certificate of good standing for each jurisdiction you are admitted in. The certificate(s) will also need to be less than three months old.

The admission application requires that you must have passed the character and suitability assessment. The assessment process will change depending on where you have lived in the previous five years.

If you have lived in the UK for 12 months in the last five years, you will need to complete an online screening through Atlantic Data.

If you have lived outside the UK for 12 months in the previous five years, you will need an original criminal record check (police clearance certificate for South Africa) from any country you have lived in for 12 months or more during those five years.

If you are granted an exemption from SQE 2, you will need to prove your competence in English. This can be done by submitting a letter from the university that awarded your degree confirming that your entire course was conducted in English along with a certified copy of your degree certificate.