SQE Exemptions for Qualified Lawyers

The Solicitors Qualifying Examination (SQE) is the gateway for legal professionals to qualify as solicitors in England and Wales. However, for qualified lawyers, there are potential exemptions available from certain SQE assessments. This article delves into what exemptions are, who can apply, and the process for obtaining an exemption, whether from the SQE1 or SQE2 assessments.

What Is an SQE Exemption?
An SQE exemption allows qualified lawyers to bypass one or more of the SQE assessments if their legal qualifications or professional experience meet the standards required by the SQE assessments. However, to be granted an exemption, the applicant’s qualifications and experience must closely align with the content and standard of the SQE assessments, which are based on the law of England and Wales. Exemptions are available for three key components:

• SQE1 Functioning Legal Knowledge 1 (FLK1)
• SQE1 Functioning Legal Knowledge 2 (FLK2)
• SQE2

It is important to note that exemptions can only be granted for an entire assessment, such as all of FLK1 or FLK2, or the complete SQE2. Partial exemptions are not possible. Additionally, if an applicant has failed an assessment or is awaiting results, they cannot apply for an exemption for that particular assessment—they must retake and pass it to qualify.

Who Is Eligible for an SQE Exemption?
SQE exemptions are only available to qualified lawyers who have already been admitted in a jurisdiction and hold practising rights. Eligible lawyers must have the right to practise in one or more of the following areas:

• Criminal litigation (including advising clients at police stations)
• Civil litigation (dispute resolution)
• Property practice
• Wills, intestacy, and probate administration
• Business organisations rules and procedures

To apply for an exemption, applicants must provide a certificate of good standing from the relevant regulatory body or law society in each jurisdiction where they are qualified. The certificate must confirm that the lawyer is in good standing, has not been subject to disciplinary proceedings, and is currently entitled to practise.

Applying for an SQE1 Exemption
SQE1 consists of two assessments (FLK1 and FLK2), each comprising 180 questions over 10 hours. The threshold for receiving an exemption from SQE1 is notably high, and to date, only one exemption has been granted. Applicants seeking an exemption from SQE1 must demonstrate that their qualifications and work experience cover the areas assessed in the exam and are substantially equivalent to the content of English and Welsh law. Evidence must include:

• Proof that your qualifications and experience cover the specific areas of law tested in SQE1.
• Demonstration that the law in your jurisdiction aligns closely with the law of England and Wales.
• Detailed references from supervisors corroborating your work experience.
• Samples of your legal work, such as redacted client letters or attendance notes.

Given the high level of difficulty in obtaining an SQE1 exemption, applicants are advised to consider taking the assessment instead. The application process for an SQE1 exemption can take up to 180 days due to the complexity of the evaluation, which may involve external assessors.

SQE2 Exemptions: A More Accessible Option
Obtaining an exemption from SQE2 may be more attainable for qualified lawyers who can prove they possess equivalent skills and knowledge. SQE2 assesses practical legal skills, such as client interviewing, advocacy, and drafting, at the level of a newly qualified solicitor. To qualify for an exemption, lawyers must have:

• The same practising rights as a solicitor in England and Wales.
• At least two years of professional legal work experience, either mandatory as part of their qualification or post-qualification.

It is essential to ensure that the work experience used for an SQE2 exemption meets the threshold of a newly qualified solicitor and that it is directly relevant to the areas of practice listed above.

Using QLTS MCT Results
Qualified lawyers who have previously passed the Qualified Lawyers Transfer Scheme (QLTS) Multiple Choice Test (MCT) can submit these results as part of their SQE1 exemption application. However, the MCT alone does not cover all the areas assessed in SQE1, such as Business Law, Property Practice, and Wills Administration. Therefore, applicants must provide additional evidence to meet the standards required by SQE1.

Practical Steps Before Applying for an Exemption
Before applying for an exemption, ensure that all your legal qualifications and jurisdictions are accurately updated in your mySRA profile. This step is critical, as you cannot apply for an exemption without completing this information. Additionally, if you are awaiting a decision on an SQE2 exemption, you can still sit SQE1, as the results will not impact the exemption outcome.