We thought it might be helpful to bring together several themes and pieces of clarification from the SRA into one article.
QWE
Firstly, can Immigration work count as QWE? As always it depends upon whether the work done meets the definition of QWE: ‘the provision of legal services’. However, in most cases we have found that Immigration work DOES meet that definition and is QWE. This is the case whether the firm is in the UK and regulated by the SRA or the OISC or indeed the work is outside the UK. If there is an SRA regulated solicitor there you may ask them to confirm this to the SRA. If they are not willing to do so, or there is no SRA regulated solicitor there – you may reach out to an external solicitor to do the QWE confirmation. This is a service we provide:
https://hunningsconsultancy.co.uk/external-qwe-certification-service-2/
SQE2 Exemption
Can someone, who is not qualified as a lawyer but is regulated by the OISC apply for an exemption from the SQE2 exam as a qualified lawyer? Sadly the answer is ‘No’. We received the reply below from the SRA in March 2024 to an enquiry we made on this point:
“No, OISC-regulated individuals are not eligible to apply for exemption under SQE. This is because OISC is not covered by the Legal Services Act and the qualification does not grant practice rights.”
If you already qualified as a lawyer, for example in another jurisdiction, can Immigration work count as legal work experience for an application for an exemption from the SQE2 exam? In our opinion it can. We have helped people with such experience make such applications. Sadly, few tell us of the outcome of their application, so we cannot quote any feedback after the application.
What if the applicant’s supervisor is regulated by the OISC? One is required to submit, with the application for exemption, proof of the supervisor’s admission to the OISC such as a Certificate of Good Standing from the regulatory body of the supervisor. The OISC state that they refuse to do this as a matter of policy and that the SRA are well aware of this, but that the SRA may contact them direct for information. We made enquiries of the SRA and received the following reply with clarification in February 2024:
“In the absence of a certificate of good standing we can use other resources to confirm the qualification of the supervisor. In this instance it may include using the OISC Adviser Finder and/or contacting the regulator directly.
As we consider each application case-by case, based on the evidence presented to us, we may take a similar approach for applicants qualified in other jurisdictions.”
For advice & assistance with applications for exemption from the SQE2 exam:
https://hunningsconsultancy.co.uk/sqe2-exemption-for-foreign-lawyers-review-advice/
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