In September the new QLTS took effect, marking the SRA's effort to make the process by which overseas lawyers apply to practise in England and Wales compatible with the route taken by domestic lawyers. Suzanna Ring reviews the changes

The Qualified Lawyers Transfer Test (QLTT) has paved the way for numerous overseas solicitors to practise law in England and Wales since it was created in 1990, but after setting the standard for 20 years, the Solicitors Regulation Authority (SRA) recently decided that the time had come to reform the system. With the new Qualified Lawyers Transfer Scheme (QLTS) now in play as of 1 September 2010, new applicants face a number of hurdles.

QLTS versus QLTT

"Our mantra is that we want to develop parity with the UK domestic route," says Diane Lawson, head of education and training at the SRA.

And in order to do this the new QLTS has made some changes to the assessment process that brings it in line with the domestic route. The assessment process now takes place across three days with candidates required to pass day one before continuing.

Applicants now have to be certified in a specified standard of English before they can submit their application. "The standard of English has been flagged up by solicitors and clients and is important to ensure candidates can compete with the standard of UK solicitors," Lawson says.

Under the QLTT, candidates were tested on their English language skills as part of the legal knowledge tests, but now applicants outside of the European Economic Area (EEA) will need to provide evidence that they can speak English to Level C2 of the Common European Framework of Recognition before they are eligible to apply.

Perhaps the most prominent of the changes sees the new QLTS opened up to new jurisdictions. Under the old regime candidates were only eligible to apply from listed countries, which was essentially restricted to those in the European Union and Commonwealth countries. This has now been opened up to any jurisdiction that can demonstrate that a lawyer's role in that region is broadly similar to that of England and Wales.

Lawson says: "If we're looking at being in a more competitive world and global marketplace it behooves us to look at how to make it more accessible while still being rigourous."

Notably, lawyers from Russia, China and South America will now be able to apply more easily, and will also benefit from the dissolution of the work experience quota. For the past 20 years candidates have been required to satisfy a two-year work experience period and at least some of this experience must have been carried out under English and Welsh law.

Candidates will no longer need to provide evidence of experience, but participate in a practical exercise that will be difficult to pass without some experience of legal practice. Robert Dudley, director of business development at the College of Law, says: "One of the main reasons behind the introduction of the QLTS is for the SRA to build public confidence.

"The public wants to know that whoever is advising them is capable of doing so. Interviewing and advising are the basic skills of being a lawyer and I believe the SRA is achieving these outcomes through this new regime."

The SRA has cracked down on the number of exemptions offered in an attempt to ensure a consistent standard of solicitors are admitted and examined face to face.

Under the QLTT, EEA candidates were assessed on an individual basis to decide which tests they were required to take. The EEA set-up remains the same under the QLTS; however, for Irish applicants, there will now be a knowledge and experience assessment (as with other EEA candidates), rather than an automatic assumption that they meet the SRA's requirements.

Other international candidates will need to pass the full suite of assessments alongside distinguished specialist practitioner's (DSP) or academic lawyers who previously could apply for admission to the QLTT by virtue of their position.

Tony King, head of human resources (HR) development at Clifford Chance, says: "Many jurisdictions produce excellent lawyers, but the law is not identical to English law, so full assessment is sensible.

"However, this does mean that some international lawyers who have a relatively straightforward entry at the moment will see an increase in the assessment process, which may have a negative impact on their willingness to go through the process."

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andrew-engaAndrew Enga – UK barrister to solicitor

After completing his Bar Vocational Course (BVC), Andrew Enga decided to walk away from the Bar and is now an associate at Allen & Overy.

Under the Qualifed Lawyers Transfer Test (QLTT), barristers were only required to complete the professional conduct and trust accounts exam and meet the two-years' work experience criteria. They could also apply for the exam before they had full practising rights. Enga (pictured) says: "The process was relatively straightforward and, from my perspective, worked fine."

Under the new Qualified Lawyers Transfer Scheme (QLTS), candidates who have completed their BVC or its replacement, the Bar Professional Training Course (BPTC), and do not want to go to the Bar will have to complete the Legal Practice Course (LPC) before they are eligible to apply.

"The real advantage from my perspective of the QLTT is that it took into account my existing qualifications and experience. It's a real shame that the current route for BVC students wishing to qualify as solicitors is being shut off. From my own experience, I do not believe that the QLTT route with its exemptions in anyway disadvantaged me compared with other trainees who had gone down the LPC route," says Enga.

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Karyn Pulley – QLTT in transit

Karyn Pulley is also from New Zealand and is an associate at Pinsent Masons who is currently going through the test process under the old Qualified Lawyers Transfer Test (QLTT) set-up.

She says: "I think that the new system doesn't recognise the common basis of law from certain jurisdictions and the fact that a lot of the knowledge that I had from New Zealand is applicable here.

"However, I can see how they want to ensure that everyone has the same knowledge base."

Pulley had to provide evidence of two years of work experience that included at least one year in a common law jurisdiction and one year under English law.

She has been in the UK since 2008 practising as a solicitor of New Zealand and in light of the rules changing she decided to apply in August to take the test.

"You do have to do quite a bit of work under the QLTT. Most of my friends have advised dedicating at least a solid week of study to it."

She is optimistic that she will find the test straightforward and pass if she dedicates the right amount of time to studying beforehand. Under the QLTT, candidates can repeat the test as many times as required within a three-year period before then re-applying for a new certificate of eligibility. Under the new regime, for those who don't make the grade the new legislation only allows three attempts every five years.

"I can see the benefits and disadvantages of that. I would say that for most people who haven't passed an exam in three attempts this probably indicates that they don't have the knowledge, although five years is quite a long time to wait," says Pulley.

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Murray Whyte – QLTT completed

Murray Whyte, an associate from New Zealand who sits in Clifford Chance's Moscow office, took the Qualified Lawyers Transfer Test (QLTT) in October 2009.

"For me, it was a straightforward process. I only had to take one exam: professional conduct and trust accounting," he says. Whyte was exempt from the three remaining test subjects that included litigation, property and the principles of common law, because of his experience and training in a common law jurisdiction. The process involved online study followed by two tutorials and evidence of work experience quantified by external sources such as the New Zealand Law Society.

Whyte says: "I have mixed views on the changes to the work experience requirement. First, coming from the New Zealand legal system, which is very similar to the English system, I think the work experience requirement is much more relevant. However, because the qualifying test is global and there are people coming from quite different jurisdictions, including some based on civil law, I think the new system is sensible."

Under the new system, Whyte would be expected to complete the whole test process and would not be exempt from any of the exams despite extensive work experience and training in a common law jurisdiction. But he would not be expected to prove his English language skills due to his education having been conducted in English.