Want to be a solicitor in Australia?
Australia has been a very popular destination for expats around the world and continues to attract the attention of more and more of the so-called “skilled workers” which are so sorely missed in Australia. There is a post in the Australian forum regarding a UK-based solicitor who is approaching the end of his three-year qualification process in the UK and is looking to move to Australia and take up further legal positions.
While the post in question goes into significant detail regarding requirements for requalifying in Australia as a solicitor, there are a number of basic points to consider which include:-
Skilled worker visas
One of the easiest ways to gain access to Australia is by carrying out, or being qualified to do, a trade which is on the “skilled workers list”. In effect this allows you to obtain a fast-track visa for entry to Australia and the opportunity to take up a position in your chosen profession. Solicitors have for some time been a mainstay of this particular list and the poster in question has obviously done his homework regarding the situation and the ability to move to Australia under the “skilled worker” visa.
Requalifying in Australia
As you might expect, the rules, regulations and laws in Australia do differ from places such as the UK and while the basics of any solicitor training will be the same, the details will be different. As a consequence, it appears as though if you are moving from the UK as a qualified solicitor you will be able to take up a post at an Australian solicitor’s office but you will need to take three further qualifications to bring yourself up to speed with the Australian way of doing things and the Australian legal system.
When you consider that you may well be involved in big money transactions it is vital that you are fully aware of the situation in Australia because ultimately there could be significant financial penalties. Obviously, any Australian solicitor would never take on somebody who is not willing to go that extra mile and learn about the Australian way of life rather than just assuming that the UK legal system is replicated in their new homeland.
The process of requalifying as a solicitor
It seems as the process for requalifying as a solicitor varies from state to state in Australia but one thing is clear, if you’re looking to practice as a solicitor in Australia you will need to attend in person at the Supreme Court to obtain your official stamp. This can be something of a bind for people who are possibly looking to move to Australia in the short term and who maybe cannot afford to visit their preferred homeland to receive their “stamp”. However, it would appear that the vast majority of states require both the attendance of the expat in question and a qualified Australian solicitor to effectively second them.
Long distance learning
As we mentioned above, there is a need in the vast majority of scenarios for an expat solicitor to acquire further expertise in three particular fields. There is some confusion as to whether long distance learning is actually applicable to this particular learning curve with some suggesting it is both available and works, while others under the impression you have to attend Australian universities in person and there is no substitute for the “hands-on” approach.
It is also worth noting that the qualification system and the details seem to evolve and change on a regular basis with various subjects withdrawn and others introduced. There is also a suggestion that some UK qualified solicitors may well be exempt from certain areas of the extended syllabus.
Securing employment before travelling to Australia
While there are some qualified UK solicitors who have moved to Australia without guaranteed employment and found a position fairly quickly, it is most advisable to try and arrange a position before entering the country. Not only will this put your mind at rest and give you some stability upon arriving, it will also give you somebody to turn to for advice with regards to the Australian legal system and the various subjects and qualifications you may need.
The truth is that you can read a million web pages describing the system in Australia but there is nothing which beats a hands-on approach from somebody who knows the system, knows the country and ultimately knows what you need to do. If you try to cut corners there is a chance you could put your employment and permanent residency at risk which would effectively ruin, and potentially shorten, your time in Australia.
Doing your homework
The Australian forum, in which this particular thread is posted, has attracted comments from an array of Australian solicitors and UK solicitors who have made the move to Australia in the past. While some of the information displayed may be contradictory there is most certainly a general trend and general thread through the post which is both informative, helpful and will give you an excellent base from which to carry out your own investigations.
It is vital that you yourself are aware of exactly what goes on, what’s expected and what you can and cannot do because ultimately it will be you who is in the firing line and you are the one attempting to build a new life. It is very important to have people you can talk to and lean on for advice and assistance but you do need to be aware yourself as to what is going on and then ensure that you are doing everything “by the book”.
Conclusion
Australia is a country which has attracted more than its fair share of expats over the years and continues to do so even in these most difficult of economic times. A number of qualified UK solicitors have in the past moved to Australia and built very good careers for themselves although the system has changed and continues to evolve on a regular basis. The opportunity for UK qualified solicitors to effectively step into a position from day one is obviously a major plus point but there are subjects which need to be covered and other qualifications which need to be gained.
The Australian “skilled workers list” has proved very beneficial to many people in the past and if you have a trade or profession which is on the list then you will likely be entitled to a fast-track visa to your new life in Australia.
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