Foreign-qualified lawyers aiming to practise as solicitors in England and Wales may be eligible for exemptions from the SQE2 (Solicitors Qualifying Examination) based on their qualifications and professional experience, including having at least two years of Qualifying Work Experience (QWE). The Solicitors Regulation Authority (SRA) offers different exemption pathways for lawyers depending on their jurisdiction and individual circumstances. This article breaks down the types of exemptions, the application process, and required documents.
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Types of Exemptions: Agreed vs Individual
Agreed Exemptions
For some jurisdictions, the SRA has formal agreements recognising that the legal qualifications and experience gained are substantially similar to the SQE2 requirements. This is referred to as an agreed exemption. These exemptions cover multiple jurisdictions where legal training and the practice framework are deemed compatible with the skills tested in the SQE.
– Eligibility. Lawyers from these jurisdictions may automatically qualify for an agreed exemption based on their qualifications without needing to prove individual competencies.
– Examples: Jurisdictions like Brazil, Indonesia, and many European countries fall under these arrangements. Always check the updated list on the SRA website.
It’s interesting to note that agreed exemptions tend to be granted to civil law jurisdictions, whose legal systems may seem quite different from that of England and Wales, such as Ukraine, Romania, and Mexico. However, common law jurisdictions with systems closely aligned to England and Wales, such as Cyprus, the USA, and Singapore, have not been granted these exemptions.
Individual Exemptions
For lawyers from jurisdictions without an agreed arrangement, there is an option to apply for an individual exemption. This requires applicants to demonstrate that their qualifications and experience are sufficiently equivalent to the skills tested in SQE2.
– Eligibility: Lawyers must individually prove that their qualifications and professional legal experience match the SQE standards.
– Complexity: These exemptions are assessed on a case-by-case basis, requiring substantial documentary evidence to prove that the applicant’s qualifications and work experience align with SRA expectations.
Application Process for SQE2 Exemptions
Step-by-Step Procedure
To apply for an SQE2 exemption, foreign-qualified lawyers must follow a formal application process through the SRA. Here’s a breakdown of the key steps:
1. Set Up a mySRA Account: All applications must be processed through the SRA’s online portal, so you’ll need a mySRA account to begin.
2. Fill Out the Exemption Application: Select ‘Start new applications’ on the homepage. The application is called ‘Apply for qualified lawyer exemption from the SQE assessments’.
3. Submit Supporting Documents: Upload all the necessary documents to substantiate your claim for an exemption (discussed below).
4. Pay the Application Fee: There is a fee associated with the exemption application. Ensure payment is completed to avoid delays in processing. The application fee is £265.
5. Wait for a Decision: The SRA will review the application and supporting documents before deciding. Processing times can vary, but typically, you should expect to wait up to 180 days for a decision.
Required Documents for Exemption Application
You’ll need to provide detailed documentation to support your exemption application. These include:
– Qualification Certificates: Proof of your legal qualifications from a recognised institution in your jurisdiction.
– Certificate of Admission: A certified copy of your admission to the bar or equivalent regulatory body in your home country.
– Letter of Good Standing: This is a formal letter from your home country’s regulatory body confirming that you are in good standing with the legal profession.
– Reference Letter: Detailed letters from legal professionals or organisations that can confirm the scope of your legal practice, outlining specific skills, practice rights, and your level of responsibility.
Along with your own documents, you need to provide your referee’s admission certificate or their Certificate of Good Standing from their respective legal regulatory body to authenticate their authority and reliability as a reference.
Document Submission Format
Ensure that all documents are:
– Certified Copies: Originals are not required but certified copies must be provided.
– Translated: If your documents are not in English, you must include an official certified translation.
English or Welsh language competence
If you receive an exemption from the SQE2 assessment, you will still need to demonstrate your proficiency in English or Welsh.
Key Sections in the Application Form
Completing the application form accurately is crucial to securing an exemption. Pay special attention to the following sections:
- Sections 1-4: These sections are general and must be filled out by every applicant.
- Section 7a, 7b, or 7c: This section is tailored to your specific work experience and should be completed according to your situation:
- Section 7a: Complete this if you gained two years of professional legal work experience as part of your qualification.
- Section 7b: Choose this section if you gained two years of professional legal work experience after qualifying.
- Section 7c: This applies if your two years of professional legal work experience is a combination of both experience gained post-qualification and during your qualification.
To Exempt or Not to Exempt?
Obtaining an exemption from the SQE2 can be highly beneficial, as it reduces the time, effort, and costs involved in qualifying as a solicitor in England and Wales.
However, exemptions are only granted if the SRA is satisfied that your qualifications and experience meet the rigorous competencies tested in the SQE2 exam. This process can be challenging, as exemptions are awarded based on strict criteria and extensive supporting evidence, which may take time and resources to prepare.
On the other hand, opting out of SQE2 might affect your employability in the UK legal market, particularly if you lack domestic experience. For foreign lawyers with little to no UK legal experience, demonstrating the skills through passing the full SQE2 exam can be a powerful asset when seeking job opportunities. Therefore, before applying for exemptions, it’s important to weigh the benefits of time and cost savings against the potential loss of skill recognition and employability in the competitive UK legal market.
Guidance on SQE2 Exemptions from the Academy of Smart Lawyers
For personalised guidance on how to go through the exemptions application process, including advice on the required documents, evidence, and eligibility criteria, feel free to reach out to us.
– Access Our Lecture: Watch the “SQE2 Exemption Application Guide” here. A fee applies.
– Contact Us: Email us at info@superexam.uk or fill out the exemptions form for tailored support throughout your application.
