You may be aware of the information published on our website in October 2018 explaining our position regarding arrangements for those who would be affected by a ‘No Deal’ Brexit. We are today updating this information, which takes into account an agreement reached between the UK Government and Switzerland. We are also publishing amendments to the BSB Handbook in the event that the UK exits the EU without a deal.
EEA Lawyers – Those from the EU, Iceland, Norway and Lichtenstein who intend to practise in England and Wales after Brexit
For EEA lawyers (including UK nationals holding EEA qualifications) who are already established and have received a recognition decision in the UK before exit day, this recognition decision will not be affected and will remain valid (ie you may continue to practise as barristers).
EEA lawyers (including UK nationals holding EEA qualifications) who have applied for a recognition decision and are awaiting a decision on exit day will, as far as possible, be able to conclude their applications in line with the provisions of the relevant Directives.
EEA lawyers (including UK nationals holding EEA qualifications) who have not started an application for a recognition decision in the UK before exit will need to apply for admission to the Bar of England and Wales as a Qualified Foreign Lawyer (QFL). As a QFL, you will be entitled to practise as a barrister if you meet all relevant provisions of the BSB Handbook. Details on how to apply to the BSB can be found in the Bar Qualification Manual.
Swiss lawyers who intend to practise in England and Wales after Brexit
If you have a UK qualification and professional title
Swiss lawyers who have registered in England and Wales or who transferred to the Bar of England and Wales before Brexit do not need to take any action to continue to practise after Brexit as long as they remain registered in England and Wales.
If you have a Swiss qualification and professional title
Swiss lawyers using a Swiss qualification or title, or those in the process of qualifying, will need to start their application to register [to practise under a Home Professional Title] in England and Wales, within 4 years after Brexit. Once registered, Swiss lawyers can continue to practise after Brexit as long as they remain registered in England and Wales.
Swiss lawyers using a Swiss qualification or title, or those in the process of qualifying, who wish to transfer to the Bar England and Wales under existing routes, need to so within 4 years after Brexit.
‘No Deal’ Brexit - What it means for the Registered European Lawyers (REL) scheme
If the UK leaves the EU without a deal, the UK Government states that there will be no passporting system for the recognition of qualifications between the remaining EU and EEA states (Iceland, Norway and Lichtenstein) and the UK from the date the UK leaves the EU (currently scheduled to be 31 January 2020). This means that the Registered European Lawyer (REL) scheme will be subject to a transitional period, ending 31 December 2020.
If you are a REL before exit day, you can continue to practise until the end of the transition period (31 December 2020). However, there will be no new REL registrations from ‘exit day’. Those who have applied for REL status before ‘exit day’, will be entitled to receive a decision on that application after ‘exit day’.
Transferring to the Bar of England and Wales under the three-year route
If you are a European Lawyer and have three years’ regular and effective practice of activities in the law of England and Wales (under your Home Professional Title) at any point before the end of the transitional period, you can apply for admission to the Bar under this route.
If you are a European Lawyer who registered after 1 January 2018, you will have less than three years’ regular and effective practice of activities in the law of England and Wales (under your Home Professional Title) by the of the transitional period. This ‘three years’ experience’ is currently a requirement by the BSB for admission to the Bar for European Lawyers. However, the BSB has compensatory measures in place for those who fall within this category. If you fall into this category contact us via email at [email protected] for further guidance.
Transferring to the Bar of England and Wales as Foreign Qualified Lawyer
If you wish to be regulated by the Bar Standards Board, and have not registered as a REL before ‘exit day’, you will need to apply for admission to the Bar of England and Wales as a Qualified Foreign Lawyer (QFL). As a QFL, you will be entitled to practise as a barrister if you meet all relevant provisions of the BSB Handbook.
UK Lawyers in the EU and EEA
Individuals with UK qualifications seeking recognition to offer legal services in the EEA should check the host state’s competent authority for further information. The EU Commission has stated that decisions on the recognition of UK qualifications in EU countries before exit day are not affected. The UK Government has published a toolkit with further information.
UK Lawyers practising in Switzerland
If you have a UK qualification and professional title
UK lawyers registered and working in Switzerland on a permanent basis under their home professional title before Brexit do not need to take any action to continue to practise after Brexit as long as they remain registered in Switzerland. UK lawyers or those in the process of qualifying will need to start their application to register to work in Switzerland under their UK professional title on a permanent basis or to transfer to the Swiss professional title, within 4 years of Brexit.
If you have a Swiss qualification and professional title
UK lawyers who have transferred to the Swiss professional title before Brexit do not need to take any action to continue to practise after Brexit as long as they remain registered in Switzerland.
Any questions?
Further enquiries can be made by contacting the Authorisations Team via email to [email protected].
This notice was updated on 4 November 2019. At the time of updating, "exit day" is 31 January 2020 and may be subject to change. In the event of agreement being reached on another position we will provide further information.
