GUIDANCE FOR NON-EEA LAW STUDENTS

Unless you fall within one of the following categories you will be expected to return home on completion of your studies within the United Kingdom: 

• Citizens of a country within the European Economic Area (EEA). The EEA is comprised of. Austria, Hungary*, Netherlands, Belgium, Iceland, Norway, Cyprus, Ireland, Poland*, Czech Republic* Italy, Portugal, Denmark, Latvia*, Slovakia *, Estonia*, Liechtenstein, Slovenia*, Finland, Lithuania*, Spain, France, Luxembourg, Sweden, Germany, Malta, Greece and the United Kingdom  * Nationals of these countries who come to the UK to work are subject to the Worker Registration Scheme.
• People born in Gibraltar
• Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here.
• Husbands, wives and dependent children under 18 of people who hold work permits, or who qualify under any of the above categories as long as the endorsement in their passport places no restriction on their employment here.

The TSG’s Freephone Helpline – 08000 856131 – is a great source of information and receives calls from students to trainees.

Please note that this web page is intended to provide guidance only and does not purport to represent the views of the British Home Office at any time. Moreover, the TSG does not accept responsibility for any difficulties encountered through reliance on the above information. The facts contained herein were correct at the time of going to press. The TSG would always recommend that individuals seek to obtain legal advice from an immigration lawyer, prior to taking any steps.

Working in the UK after your LPC - what are the options for non-EEA students?

When you enter the UK to study, It is a condition that you will leave the country upon completion of your studies. This is a risk to bear in mind when deciding whether or not to undertake conversion and/or LPC courses. The Immigration Office will not usually allow students to change their status whilst in England or Wales. In order to apply for a standard work permit, students may have to leave the country, so that they can re-enter the UK with a new status. This may not necessarily mean going home, but will definitely mean going to another country for the duration of the process. This can be lengthy.

There are two basic options for non-EEA students wishing to work in England and/or Wales after completion of their studies:

1. Standard Work Permit Scheme

2. The Training and Work Experience Scheme

Work Permits 

Standard work permits are very difficult to obtain and are only issued when there is felt to be a genuine vacancy within resident nationals and there is an acute shortage of suitably skilled people. Most non-EEA students will fall at the first hurdle when trying to convince a prospective employer to offer them a training contract, as there is no shortage of LPC students seeking training contracts or BVC students seeking a pupillage within the UK.

This rule can be incredibly frustrating for many international students. It is made even more complicated by the fact that a work permit can only be sought through a potential employer who wishes to offer you a position. You cannot apply for a work permit yourself. The British based employer must make the application on behalf of the non-EEA resident.

Any law firm that wishes to employ a non-EEA trainee must actually demonstrate two things:

1.  that they have tried to recruit from the local labour force -i.e. people who do not need a work permit 

2.  but that they cannot find a suitable person with the required skills such as necessary specialist language skills or extensive experience of working within a different jurisdiction. This includes advertising the post in a national newspaper for one month before accepting the non-EEA candidate for the post. 

Training and Work Experience Scheme (TWES)

The Work Permits (UK) section of the Department for Education and Skills operates a Training and Work Experience Scheme. The scheme allows employers to apply for a permit to employ a particular person who are overseas nationals to undertake either:

The Work Permits (UK) section of the Department for Education and Skills operates a Training and Work Experience Scheme. The scheme allows employers to apply for a permit to employ a particular person who are overseas nationals to undertake either:

1. Work based training for a professional or specialist qualification (such as accountancy, law or civil engineering);

2. A period of work experience; or

3. A graduate training programme 

Permits are only issued for a limited amount of time and there are many criteria and regulations that apply. Permits are usually issued for programmes that do not exceed 12 months and the training must be for a minimum of 30 hours a week.

You will not be allowed to remain in employment once your permit expires. The permits are approved for a short, fixed period and are issued on the understanding that you return overseas at the end of the agreed period. Those who view working in the UK as part of their long-term future will be faced with immigration requirements again at the end of their two years training.

In light of this, the TSG would recommend that those students who wish to embark upon the vocational training required to qualify as a solicitor in the UK, make the necessary enquiries to ascertain their economic and immigration status, prior to actual commencement of the Conversion/LPC courses.