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sohail
Member
Member # 4133
Posted February 18, 2004 10:27 AM
Dear Experts


There is an option for overseas lawyers to UK immigration if they want to practice non-UK law in UK.

"SPECIAL PROVISION FOR FOREIGN LAWYERS WISHING TO PRACTISE IN THE UNITED KINGDOM"


Does any one have an experience of getting such visa being a foreigner lawyer.

Please share your views.


Thanking in advance

Sohail Akhter

Thorsten von Thyssen
Member
Member # 4397
Posted February 18, 2004 10:36 AM
This is under the standard business category (i.e self employed) but two requirements are waived:

1. No need to invest £200,000.
2. No need to create two FT jobs for resident workers.

I know one person who managed in that way to become a partner in a law firm here.

Bear in mind that this is a concession not covered by the Immigration rules so the HO have wide discretion.

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...cut the bullshit please...

kevin harding
Junior Member
Member # 7510
Posted February 18, 2004 12:52 PM
If a foreigner has passed the UK bar exams and admitted to practise in the UK, can he get a foreign lawyer visa ,the one u mentioned above? This is weird cos I havent heard of such kind of visa on any immigration website.
Chess
Member
Member # 7233
Posted February 18, 2004 12:57 PM
Kevin

My thinking is that..............

The Lawyer would practise in the UK with a firm that has 'overseas' operations.

Forexample, an expert foreign Lawyer in Sharia/Islamic Law would be allowed to practise in the UK representing firms overseas where Sharia/Islamic Law is used!!!

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.........Nkosi sikelele Africa

kevin harding
Junior Member
Member # 7510
Posted February 18, 2004 01:03 PM
If I use a bit of common sense the best thing is to get an HSMP status cos the lawyer would not be attached to a single law firm.I dont have an extensive knowledge of UK immigration but what is the advantage of getting the foreign lawyer visa compared to the HSMP?.Please clarify.
Thorsten von Thyssen
Member
Member # 4397
Posted February 18, 2004 01:26 PM
None.

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...cut the bullshit please...

kevin harding
Junior Member
Member # 7510
Posted February 18, 2004 03:04 PM
Excuse me? None? what does that mean?
sohail
Member
Member # 4133
Posted February 18, 2004 07:32 PM
More details

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.

Thorsten von Thyssen
Member
Member # 4397
Posted February 19, 2004 09:58 AM
None - means HSMP is always better (or never inferior to) than the lawyers concession under the business category.

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...cut the bullshit please...

Joseph01
Member
Member # 7141
Posted February 19, 2004 11:23 AM
Kevin

I agree with Thorsten, and the HSMP visa is more straightforward, especially when applying for ILR. HSMP can get their ILR approved in person in one day while business visas can only be reviewed by post to a special team.

HSMP visas and renewals are evaluated based on qualifications and economic activity, while business visas are evaluated on detailed evaluation of the "business plan." It is thus easier to comply with HSMP.

Joseph

kevin harding
Junior Member
Member # 7510
Posted February 19, 2004 03:14 PM
Thanks all for your clarification upon this matter.
Joseph01
Member
Member # 7141
Posted February 19, 2004 03:16 PM
Kevin,
Are you thinking of coming back to the UK?
Joseph

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