Dec 16, 2022
Written By Tom Hale
Can a foreign national become a barrister in the UK?
Dec 16, 2022
Written By Tom Hale
Any foreign national can, through a process of conversion, become a solicitor in the UK. But can they become a barrister? You’ll be pleased to know that although the process is different between solicitors vs barristers, any foreign national can reach the position of barrister in the UK.
What is a barrister?
A barrister is a specialist who represents individuals, organisations or companies in court. Usually, barristers are hired by solicitors as independent experts in giving legal advice.
As a barrister you plead your client’s case in court. Barristers are typically seen in films putting forward a compelling argument.
Barristers usually specialise in one specific area of law, such as:
- Commercial law
- Common law
- Criminal law
- Sports law
- Environmental law
What is the process to qualify as a barrister?
Given that barristers play an important role in the administration of justice, they must demonstrate an excellent standard of professional behaviour.
There are three main components to becoming a barrister: the academic component, the vocational component, and the pupillage/work-based learning component.
- Academic component: This is fulfilled via an undergraduate law degree, or a conversion course such as the Postgraduate Diploma in Law (PGDL).
- Vocational component. This is fulfilled via joining an Inn of Court (professional membership associations for barristers) and completing a Bar training course
- Pupillage/Work-based learning component. This is done by completing a period of work-based, practical training (pupillage), while being supervised by an experienced barrister. The first six months will be non-practising, while the last six-months will be practising.
How can a foreign national practise as a barrister in the UK?
If you are a qualified lawyer from abroad and you’d like to practise as a barrister in England and Wales, you’ll need to transfer to the Bar. Depending on your work experience and qualifications, you may be exempt from some or all of the requirements for Bar training.
During 2021-2022, the Bar Standards Board (who set the requirements for becoming a barrister) received 325 fully completed applications for transfer, of which 324 were successful.
To receive an exemption, you’ll need to submit an application to the Bar Standards Board, providing details of your work experience and qualifications. You’ll need to explain how your experience makes you exempt from the three components of Bar training.Application forms and guidelines can be found here. It costs £440 to apply, and you’ll receive your result within 10 weeks.
If you receive full exemption from training, you’ll be able to practise as a barrister once you’ve been admitted to an Inn and Called to the Bar. However, this exemption may be conditional on passing specific Law Conversion Module Assessments and the Bar Transfer Test.
If you receive partial exemption, you’ll need to complete the necessary academic, vocational or work-based training, and potentially certain Law Conversion Module Assessments.
Closing remarks
If you’re interested in being a barrister, take comfort in the fact that both UK residents and foreign nationals can become barristers in the UK. The Bar Standards Board will assess your legal qualifications and experience to determine whether you’re eligible for full or partial training exemptions.
As long as you stay motivated (and practise your speeches in the mirror!), you’ll be able to practise as a barrister in no time.
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Becoming a Lawyer in the UK - International Students