Can an overseas lawyer enter UK ?

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Camino_LPO

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Apr 24, 2009, 1:02:23 AM4/24/09
to LPO professionals
If you are a lawyer who has qualified and practises in a country
outside of the United Kingdom (UK) it is possible for you to enter the
UK for purposes of practising law.

It is important at the outset to appreciate the difference between
entering the UK as a solicitor or barrister, or entering as a
consultant in overseas law. The majority of foreign lawyers entering
the UK for professional purposes do so in the capacity of consultants
in overseas law. They enter and practise the law of their home country
in the UK, thereby providing an international service for UK clients.

As consultants in overseas law, they may be the resident lawyer at the
UK office of a foreign law firm or they may be in partnership with or
employed by English solicitors. Foreign lawyers entering as employees
of law firms require work permits; however, those wishing to enter as
self-employed lawyers intending to establish themselves in business in
the UK will be considered under a concession � outside of the
Immigration Rules. In effect this means that the requirements under
the Immigration Rules of a minimum investment of �200,000 and the
creation of at least two jobs for resident workers (normally required
in the case of self-employed persons) do not apply to foreign lawyers.

In order to enter the UK as a solicitor or barrister (as opposed to a
consultant in overseas law) it is necessary to requalify and the
requalification formalities will depend upon where the lawyer
concerned originally qualified. Evidence of requalification and
admission to the Roll of Solicitors or the Bar will have to be
produced as part of the immigration requirements.

With the exception of lawyers from EU member states, normal
immigration requirements will apply to foreign lawyers wishing to
settle permanently in the United Kingdom. In addition to the standard
requirements the consent of the Law Society must be obtained. The Law
Society stipulates a list of requirements that will have to be met by
the applicant, or by the applicant�s representative acting on his/her
behalf, in order for the Society�s consent to be obtained. That
consent is provided in the form of a letter of no objection.

If all of the UK immigration requirements are satisfied, then the
overseas lawyer may be permitted entry to the UK for purposes of
practising as a self-employed consultant in overseas law (or as a
solicitor or barrister if successful requalification has taken place).
If a foreign lawyer, practising in the UK as a consultant in overseas
law, wishes to be permitted to enter into partnership with UK lawyers,
then he or she must register formally with the Law Society as a
foreign lawyer. In that event there is a further procedure to be
followed and the time that it takes for registration to be completed
depends, in part, upon the country from which the foreign lawyer
emanates.
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