The Spotlight on Foreign-Qualified Lawyers

SQE Exemptions Overview for Foreign Lawyers

Foreign-qualified lawyers possess distinct legal insights owing to their training and experience in other jurisdictions. The Solicitors Regulation Authority (SRA) recognises this and has carved out potential exemptions in the SQE process tailored for them. Key to understanding these exemptions is discerning how the SQE assessments (SQE1 and SQE2) and other pillars relate to their qualifications and experience.

SQE1 Exemptions for Foreign-Qualified Lawyers

Acquiring an exemption from the SQE1 can be challenging. Candidates are tasked with demonstrating two crucial aspects:

• The scope and coverage of their home qualification.
• How their home jurisdiction's law aligns with, and is not substantially different from, the law in England & Wales.

This means, a foreign-qualified solicitor must not only showcase a deep understanding of their home country's legal system but also draw parallels with the legal system in England & Wales.

SQE2 Exemptions for Foreign-Qualified Lawyers

Achieving an exemption in SQE2 might be relatively more straightforward, but it still requires meticulous evidence. The SRA's focus shifts from theoretical understanding to practical application. Foreign-qualified lawyers need to:

• Highlight their practice rights in their home jurisdiction.
• Showcase how their legal practices mirror the practices in England & Wales. This entails demonstrating how legal proceedings, client interactions, and other lawyerly duties in their home country resemble the practices in the England & Wales jurisdiction.

The Degree and Suitability Factor

It's worth noting that irrespective of their foreign qualifications, all candidates must hold a degree and meet the SRA's character and suitability prerequisites. While the SRA acknowledges the professional experience of foreign-qualified lawyers, these foundational requirements remain non-negotiable.

Recognised Jurisdictions and Exemptions

The SRA has pre-agreed exemptions for certain jurisdictions, deeming their legal education and practices equivalent or close to those in England & Wales. However, it's essential for foreign-qualified lawyers to consistently check the SRA website for updates regarding these jurisdictions and the specifics of the exemptions granted.

The SRA has considered legal qualifications from a number of jurisdictions, and has agreed* to grant exemptions for specific stages of the SQE in some instances:

• Austria (Rechtsanwalt) – SQE2 exemption agreed
• Belgium (advocat/avocat) – SQE2 exemption agreed
• Brazil (advogado) – SQE2 exemption agreed
• Bulgaria (advocate) – SQE2 exemption agreed
• Croatia (odvjetnik) – SQE exemption agreed
• Czech Republic (advokat) – SQE2 exemption agreed
• Denmark, Faroe Islands and Greenland (advokat) – SQE2 exemption agreed
• Germany (Rechtsanwalt) – SQE2 exemption agreed
• Hong Kong (solicitor) – SQE2 exemption agreed
• Hungary (ugyved) – SQE2 exemption agreed
• Indonesia (advokat) – SQE2 exemption agreed
• Jersey (advocate) – SQE2 exemption agreed
• Kazakhstan (legal consultant) – SQE2 exemption agreed
• Luxembourg (avocat à la Cour) – SQE2 exemption agreed
• Montenegro (odvjetnik) – SQE exemption agreed
• Netherlands (advocaat) – SQE2 exemption agreed
• Norway (advokat) – SQE2 exemption agreed
• Poland (adwokat) – SQE2 exemption agreed
• Romania (avocat) – SQE2 exemption agreed
• Scotland (solicitor) – SQE2 exemption agreed
• Slovakia (advokat) – SQE2 exemption agreed
• Slovenia (odvetnik) – SQE2 exemption agreed
• Sweden (advokat) – SQE2 exemption agreed
• Ukraine (advocate) – SQE2 exemption agreed

English or Welsh Language Proficiency

For foreign-qualified lawyers from non-English speaking jurisdictions, language can be a barrier. Exemptions from the SQE2 assessments might require candidates to prove their proficiency in English or Welsh, either through standardized tests or evidence that their degree was instructed in English.

By understanding these pillars in-depth, candidates can better appreciate the relevance of the SQE exemptions and position themselves effectively within the qualification process.

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