Loopholes that allowed a solicitor to practise for two years in England despite being an illegal immigrant are still in place, the Solicitors Regulation Authority has revealed. Jitendra Kumar Sharma, 44, of Southall, London, was last week jailed for seven years for a multi-million-pound visa scam.
Judge Richard McGregor-Johnson told Isleworth Crown Court that the case presented a ‘damning indictment’ of failures by the UK Border Agency, Home Office and Office of the Immigration Services Commissioner (OISC). The court heard that Sharma was admitted to the roll of solicitors through the qualified lawyers transfer test (QLTT) in July 2004. He went on to use his standing as a solicitor to support, between October 2006 and May 2008, 980 fraudulent visa applications to the Home Office, charging each client around £4,000.
Two women described as his wives were also jailed. A spokeswoman for the SRA said Sharma’s last practising certificate was for the period 2005-2006 and he was subsequently removed from the roll. ‘Following his conviction, we are taking action to prevent him being re-admitted,’ she added.
She conceded that the certification process would not have covered immigration status. ‘His trial has raised important issues that we are examining to ensure this cannot happen again. Since the SRA was set up three years ago, we have made improvements to the admissions process and will continue this work. We have also recently consulted on proposals for a more stringent entry regime for lawyers who qualified abroad and who want to practise in England & Wales.’
However, a leading immigration lawyer, Gülay Mehmet of London firm Gülay Mehmet Solicitors, warned against the SRA becoming involved in immigration checks. ‘The QLTT is often taken while the candidate is overseas and, if passed, gives the lawyer the professional status to practise here.
‘It is not, and never should be, the SRA’s role to investigate the immigration status of lawyers. That kind of scrutiny could damage trust and lead to accusations of institutional racism,’ she said.
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