How can I become a lawyer in the UK with an Australian degree?

Qualifying as a lawyer in England and Wales can open up a vast range of opportunities and be extremely valuable for your CV. Given that Australia, like England and Wales, is a common-law jurisdiction, it is quite common for Australian lawyers to want to practise here. But how do you go about becoming a lawyer in England and Wales with an Australian degree?

The basics

In England and Wales there are two categories of lawyers: solicitors and barristers. Each category has a distinct route to qualification, so the first thing you will need to do is pick which route you go down.

As a general guide, barristers are typically tasked with using public speaking and advocacy skills to defend people in court whilst solicitors work more behind the scenes and away from the courtroom, interacting with and advising clients.

Solicitors

As of 1 September 2021, students with overseas degrees and lawyers from abroad who wish to requalify must sit the Solicitors Qualifying Examination (SQE) if they are to become a solicitor in England and Wales. The SQE has replaced the Qualified Lawyers Transfer Scheme (QLTS), so it is important to familiarise yourself with the new system and ignore any references you find to the former one!

The SQE consists of two assessment stages: SQE1 consists of two multiple-choice exams whilst SQE2 involves practical skills assessments (both in written and oral formats). The SQE is a sequence of exams rather than a course so does not contain any direct education or training.

To sit the SQE an overseas applicant must hold a degree or equivalent qualification (doesn’t have to be in law) shown to be equivalent to either a UK degree or equivalent UK qualification (assessed through a UK ENIC Statement of Comparability).

Having completed the SQE, an overseas candidate must then complete two years of qualifying work experience (QWE). QWE can be completed anywhere in the world and in a variety of organisations (such as law firms and legal clinics) but must be signed off as meeting Solicitor Regulation Authority (SRA) requirements. Additionally, overseas students must meet the SRA’s character and suitability requirements. 

The introduction of the SQE changes things for both domestic and overseas applicants such that both will now have to sit the same exam to qualify as a solicitor.

The switch to this new system has brought greater flexibility and opportunities for students abroad, especially given that most of the SQE requirements can be met from outside the country. If you have already qualified as a solicitor in a foreign jurisdiction (such as Australia), you may even be exempt from QWE and/or some components of the SQE.

Barristers

Anyone looking to become a barrister in England and Wales must first have either a qualifying law degree or a non-law degree plus the Postgraduate Diploma in Law (PGDL). If you hold an Australian law degree, you should contact the Bar Standards Board to find out whether it counts as a qualifying law degree. Failing this (or if your Australian/ overseas degree is non-law), you would need to complete the PGDL (or part of it) before any further training can commence.

After the academic component has been taken care of, you can then progress in the same way that a UK student would. This entails taking the Bar Course Aptitude Test (BCAT), successful completion of which enables you to move onto the vocational component of your training (one of a number of new Bar courses, formerly the BPTC).

Before you start your vocational training, you must join one of the four Inns of Court (essentially legal societies). Part of your training involves completing twelve ‘Qualifying Sessions’ of training at your chosen Inn.

After the vocational stage, you must complete some work-based learning called ‘pupillage’ and then, provided you meet the requirements set out in the Professional Statement for Barristers, you will be qualified to practise as a barrister in England and Wales.

Lawyers that are already qualified in another jurisdiction (such as Australia) but wish to practise in England and Wales must transfer to the Bar. They must submit an application (containing evidence of their legal qualifications) to the Bar Standards Board. These lawyers must then complete all (or sometimes only part) of the Bar Transfer Test before then pursuing the same qualification route as outlined above.

It is also possible to apply for full/partial exemptions from various requirements depending on your exact qualifications and experience).

Something to remember

So, it is certainly not impossible to become a lawyer in England and Wales with an Australian degree. However, you should keep in mind that there is more to qualification than just the regulatory and educational requirements. Visa applications can be complicated, so make sure you look into this thoroughly and find out whether the firms you wish to apply to can help with this or provide sponsorships/ financial help.

Additionally, be aware of the competition you will face during the process of getting qualified- pupillage is especially (notoriously) difficult to secure.

None of this is intended to put you off pursuing practice as a lawyer in England and Wales, rather so you are aware of the setbacks you may face. If you choose to qualify as a lawyer here, we wish you the best of luck!

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