OSCEsmart receives a large number of immigration inquiries from QLTS candidates. We classified these questions and revealed that the two most worrying are these ones:
- What visa do the visa-nationals / QLTS candidates need to have in order to travel to the UK and attend the QLTS exam; and
- What visa do the visa-nationals / QLTS qualified solicitors need to have in order to work in the UK?
Hence, we asked an immigration adviser to provide answers to these particular issues. Please find his answers below.
Visitor Visa (Answer to the question No 1)
The answer to this question will depend on the nationality of the applicant. For example some nationals are granted leave to enter (visa) on the point of entry e.g. American or Japanese nationals, while the EEA nationals can travel to the UK. For others, so-called visa nationals they will have to obtain a visa prior to their travel to the UK.
To answer the first question, we would have to check the UK Immigration Rules, more precisely the Appendix V and it seems that the answer is that the visitor visa would be the most applicable.
Tourism and leisure
Tourism and leisure
3 A visitor may visit friends and family and / or come to the UK for a holiday.
Furthermore, the same appendix continues:
25 Visitors may carry out the following study:
(a) educational exchanges or visits with a state funded school or academy or independent school; or
(b) a maximum of 30 days study on:
(i) recreational courses (not English language training);
(ii) a short-course (which includes English language training) at an accredited institution;
provided that the main purpose of the visit is not to study and the study is not at a state funded school or academy.
Working Visa (Answer to the question No 2)
The most common answer to the second question would be a working visa which is called a Tier 2 general visa.
There are several requirements which the applicant has to have a job offer from a licensed Tier 2 Sponsor.
There are few requirements for the job offer to be successful.
First, the employer has to prove that the applicant is the best candidate for the job. The employer would have to advertise the job position in a certain manner, in order to meet the Resident Labour Market Test. This is done in a way to protect the UK labour market.
Second, the job salary would have to be appropriate, and there is a specific list of jobs and minimum salaries. For example, for a lawyer may fit under the 2413 Solicitors job position, which states as follows:
Example job tasks
• draws up contracts, leases, wills and other legal documents;
• undertakes legal business on behalf of client in areas of business law, criminal law, probate, conveyancing and litigation, and acts as trustee or executor if required;
• instructs counsel in higher and lower courts and pleads cases in lower courts as appropriate;
• scrutinises statements, reports and legal documents relevant to the case being undertaken and prepares papers for court;
• represents clients in court.
Related job titles:
• Managing clerk (qualified solicitor)
• Solicitor to the council
New entrant: £24,000
Experienced worker: £32,800
[Source: Annual Survey of Hours and Earnings (ASHE) 2018]
It is worth noting that the expert`s opinion should not be deemed as an immigration advice and he warmly recommends consulting with an immigration lawyer prior to applying for a UK visa, as the immigration law is notoriously complex, and is constantly changing and the last thing you want is to have bad immigration history, especially as you intend to practice law in the UK.