The Bar Standards Board (BSB) is addressing delays in requalifying foreign lawyers.
- An unforeseen backlog has prompted the BSB to engage external solicitors.
- Most applicants intend to practise in England and Wales, contrary to prior assumptions.
- The BSB has prioritised foreign lawyers and local solicitors for cross-qualification.
- New measures aim to resolve the backlog within a year.
The Bar Standards Board (BSB) is actively addressing the substantial backlog of foreign lawyer applications for requalification at the Bar. The backlog has reached a scale where internal measures are insufficient, prompting the BSB to seek the assistance of external solicitors to expedite the process. This decision follows the discovery that the majority of these applicants aspire to practice in England and Wales, as opposed to leveraging the Bar qualification solely for marketing purposes.
Data presented at the BSB’s most recent board meeting revealed that over half of the applications received between April and June 2024 originated from Pakistan, Bangladesh, and India, with a smaller proportion involving solicitors already qualified in England and Wales seeking to cross-qualify. The traditional assumption that these foreign lawyers would not practice locally has now been challenged by evidence indicating that approximately 75% of applicants intend to work within the jurisdiction in the coming three years.
Despite the establishment of a dedicated taskforce earlier in 2024, comprising four members, the influx of Transfer Qualified Lawyer (TQL) applications at an average rate of 50-60 per month has overshadowed processing capabilities. The taskforce resolved 119 applications this year, yet 738 applications remain open, indicating a severe backlog. In response, the BSB is employing external legal support to manage the workload more effectively. Further administrative resources are also being introduced to handle the surge of follow-up communications.
Interim Director of Regulatory Operations, Saima Hirji, has emphasised that these applications are particularly challenging due to their complexity and length, with many submissions being incomplete despite voluminous content. Ms. Hirji projected that the involvement of external partners could clear the backlog within a year. Beyond immediate solutions, the BSB is considering long-term strategies such as establishing memoranda of understanding with international counterparts to streamline the cross-qualification process and reassessing its policies on exemptions and waivers.
BSB Director General, Mark Neale, acknowledged the unacceptable nature of the backlog, which has been mainly attributed to the misconception regarding applicants’ intentions. While the BSB had initially believed the requalification was for marketing purposes, it is now evident that a significant proportion of these lawyers are genuinely pursuing practice rights in the UK. This adjustment in understanding requires a recalibrated approach to managing TQL applications and ensuring they align with the operational improvements across other BSB functions.
Efforts to integrate external support are anticipated to alleviate the backlog within a year.
