Dec 04, 2022
Written By Tom Hale
Is an Indian Law Degree Valid in the UK?
Dec 04, 2022
Written By Tom Hale
So, you’re got an Indian Law Degree, or are about to, and you want to practise in the UK? The good news is that you absolutely can. The not so good news is that there are technicalities and exams that you have to pass first. Here is the run-down.
Is an Indian Law Degree Valid in the UK?
Until September 2021 a qualified Indian lawyer, or a lawyer from any nation, could practise in England and Wales under the Qualified Lawyers Transfer Scheme (QLTS). This scheme consisted of two examinations, designed to diversify the English Legal Market. India was one of the nations recognised under the QLTS.
The system has now changed. As of September 2021, lawyers and students from India (and other countries) must now sit the Solicitors Qualifying Examination (SQE). This requires you to sit the same exam as domestic candidates in order to qualify.
What does the SQE involve?
The SQE consists of two parts. The SQE1 and the SQE2. The SQE1 is designed to test your legal knowledge. It is made up of two exams the FLK1 and the FLK2, each of which consists of 180 multiple choice questions.
FLK1 covers:
- Business Law and Practice
- Dispute Resolution
- Contract
- Tort
- Legal System of England and Wales
- Constitutional and Administrative law and EU law and legal services.
FLK2 covers:
- Property Practice
- Wills and Administration of Estates
- Solicitors Accounts
- Land Law
- Trusts
- Criminal Law and Practice.
SQE2 is slightly different. It tests legal skills in practice. The exam is made up of 16 exercises, 12 written and four oral.
These cover:
- Criminal Litigation
- Dispute Resolution
- Property Practice
- Wills and Intestacy, Probate Administration and Practice
- Business Organisations, Rules and Procedures.
Taking both SQE1 and SQE2 will set you back £3,980. If a candidate fails the exam the first time taking it, they are granted another two chances to pass within a six-year period. The current pass rate for the SQE stands at 53%.
Other requirements
Under the SQE there are still additional requirements that still need to be met in order for an Indian Lawyer to practise in the UK. These are:
- A qualification (degree, apprenticeship) in any subject
- Completion of the two stages of the SQE
- Two years of Qualifying Work Experience (QWE). Note that work experience abroad counts towards this requirement.
- Meet and adhere to the Solicitor Regulation Authority’s (SRA) character and sustainability requirements.
Alternatively, if you do not have a degree, you can use work experience to fulfil these criteria. This work must be shown to be equivalent to a UK degree. Whether this is accepted is decided on a case-by-case basis.
India and the SQE
Under this new scheme India is still recognised, as are a range of different countries. Thus, those with a Law Degree from India, as well as current students in India can still practise in the UK. However, you’ll still need to sit the SQE to practise in England and Wales.
The reason behind the SQE is twofold. It creates a cheaper, more flexible route to achieve a valid law degree. Furthermore, it ensures that all practising lawyers in the UK are tested to the same standard, thus elevating the quality of UK law practice.
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So, What Now?
With all the specifics out the way the answer is simple. Can Indian Lawyers practise in the UK? Yes! Does having an Indian law degree mean you can practise as a solicitor in England and Wales? Technically no, not without passing the SQE.
The SQE is far from simple. However, it is more accessible than the previous route, which didn’t take into account previous work experience and required costly legal courses. Furthermore, The SQE is difficult because it ensures a high standard across England and Wales, and who doesn’t want to be a part of that?
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