Legalisation can be a complicated procedure. With various terms for what is essentially the same process, and a range of factors affecting the process depending on your personal circumstances, things can get stressful. Apostille process can be full of pitfalls for the uninitiated, so we've created this definitive guide which covers everything you will need to know.
Update: As of October 2020, the Foreign and Commonwealth Office changed their name to the Foreign, Commonwealth and Development Office (FCDO).
To get the an Apostille meaning, we need to look first at the overall legalisation process and where the Apostille sits within it.
If you’re taking a document issued in one country, and presenting it for official purposes in another, it’s likely it will need to go through a process known as legalisation. This is sometimes also known as attestation or authentication, though they’re essentially the same process.
Legalisation is a procedure of verification of a document’s authenticity. This does not always automatically mean that the contents of the document are true and accurate, however, simply that it is either a genuine government-issued document or a true copy of an original certified by a registered solicitor.
An Apostille is the first stage of legalisation in any country which is a member of the Hague Apostille Convention, or the Apostille Treaty. This is an agreement between member states of the Hague Convention who are willing to accept documents issued in each other’s jurisdiction with an Apostille stamp issued in the document’s country of origin.
Any documents being presented in countries outside of this agreement would require a further consular stamp after the Apostille, from the embassy of the destination country.
With such variation between documents around the world, this process of legalisation helps ensure that any documents being presented overseas have been through a procedure designed to reassure the recipient that the document is genuine.
Although Apostilles contain the same information wherever they’re issued, they can look slightly different. Some member states apply a template stamp to the back of the document and complete the information by hand, followed by an official seal. Others such as the UK, affix a small certificate to the reverse of the document with the information printed onto the certificate.
Some examples of Apostilles from different countries, including Bosnia & Herzegovina, Italy and the UK.
The Apostille will always be in the official language of the issuing country. However, there are 10 pieces of information which are universal across all Apostilles, to ensure anyone can identify the information they require, regardless of language.
In the UK, to ensure an Apostille isn’t removed from one document and applied to another, the Apostille and document are embossed, or “donked”, together by the FCDO. They also contain a unique serial number, which can be verified on the official site of the issuing government
This is a map illustrating all of the member states of the Apostille Agreement as of March 2020. For a full list of the member countries and states please see below. Please note that whilst Canada is not an official member of the agreement, they do on occasion request and accept Apostilles from member states as a form of verification of a document’s authenticity.
The Apostille agreement was designed to streamline paperwork processes between member states for anyone who was born, married, studied or deals with any other personal or business paperwork. First effective in 1965, there are currently 116 parties in the agreement, the full list of which you can find below.
Albania
Andorra
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Azerbaijan
Bahamas
Bahrain
Barbados
Belarus
Belgium
Belize
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Brunei Darussalam
Bulgaria
Burundi
Cape Verde
Chile
China < (Hong Kong & Macao Only)
Colombia
Cook Islands
Costa Rica
Croatia
Cyprus
Czech Republic
Denmark
Dominica
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Georgia
Germany
Greece
Grenada
Guatemala
Guyana
Iceland
India
Ireland
Israel
Italy
Kazakhstan
Korea, Republic of
Kosovo
Kyrgyzstan
Latvia
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Malawi
Malta
Marshall Islands
Mauritius
Mexico
Moldova, Republic of
Monaco
Mongolia
Montenegro
Morocco
Namibia
Netherlands
New Zealand
Nicaragua
Niue
North Macedonia, Republic of
Norway
Oman
Panama
Paraguay
Peru
Philippines
Poland
Portugal
Romania
Russian Federation
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
San Marino
Sao Tome and Principe
Serbia
Seychelles
Slovakia
Slovenia
South Africa
Spain
Suriname
Swaziland
Sweden
Switzerland
Tajikistan
Tonga
Trinidad and Tobago
Tunisia
Turkey
Ukraine
United Kingdom of Great Britain
and Northern Ireland
Uruguay
Uzbekistan
Be aware that just because a country is a Hague member, it does not automatically mean they are part of the Apostille Agreement, as this treaty is simply part of a suite of private international laws and protocols.
Any documents issued in the UK, being presented overseas, will require an Apostille stamp if being used for official purposes. This could include, but is not limited to; applying for a residency or work permit, company formation, passport applications, school registration or a marriage abroad.
Some document types must be legalised on the originals such as any issued by the government. This includes UK birth, adoption, marriage and death certificates. This can also apply to divorce documents (decree absolutes) provided it bears an original court-issued stamp.
Other documents can usually be processed on a certified copy made by a solicitor, as long as you’ve checked with the person you’re presenting it to that this is acceptable. This is common for education documents, for example.
If you have a digital document, which is becoming more commonplace, this is usually printed and certified by the solicitor as a hard copy.
In the UK, the Foreign, Commonwealth & Development Office (FCDO) is the only official body authorised to issue Apostilles. Anyone can apply for a stamp, though the public are only able to do so via their postal service. If you would like this turned around urgently, you will need to use an Apostille Service through an agent who are registered to attend the FCDO in person for same-day processing.
In other countries, the legislation around their issuance varies. For example, some countries allow local government authorities and courts to issue Apostilles. In the US, they are handled by each individual state rather than one centralised office as in the UK.
A solicitor can obtain one on your behalf, but they are not authorised to issue the Apostille itself. Although solicitors can certify your document, they are generally not specialised in the process of overseas document legalisation, as this is a very niche sector which UK solicitors rarely need to handle.
To ensure the legalisation of your document is completed correctly, it’s best to seek the advice of someone who is a specialist in this area to avoid any delays or rejections. There are many rules and regulations in the world of legalisation, many of which can change regularly without warning. By choosing a company who is closely connected with the UK Embassy Network, you can be sure that there will be no issued with processing.
The validity of an Apostille depends on where you intend to use it. Technically, an Apostille never expires once issued, however there are some situations which can change this.
For example, if you have an Apostilled document and later decide to move to certain countries outside of the Hague Convention, you may be required to re-process this stage. One example of this is China, where any paperwork you present for your Work Permit application must have been Apostilled within the last 6 months.
In France, if you have a personal document to be used overseas, it must be a version issued within the past 3 months before it can be Apostilled and legalised. Therefore, the Apostille itself hasn’t technically expired, but the document itself is not fit for purpose for use overseas. Therefore, with so many variables, we always recommend you check the requirements on a case by case basis to avoid any delays or lost fees by processing a document erroneously.
Once your Apostille has been applied to your document, it is then classed as fully legalised for use in other Apostille Agreement member states. However, dependent on its usage you may require further steps. This could include a translation of the document, if for example you are getting married in Greece, where you will be required to have a set of documents translated and verified by the Greek Consulate in London.
If you are using documents to apply for a place at an educational institution, some countries may require you to have your existing qualification or school letters go through an equivalency process.
To ensure you are following the correct processes for your personal circumstances, it’s always best to check directly with whomever you will be presenting your paperwork to once you reach the country you are travelling to.
As we previously covered, only the FCDO are authorised to issue Apostilles within the UK. There are agents who can apply on your behalf, if you are unable to do so yourself or it isn’t convenient, of course. However, there are some companies out there who have decided to issue their own “Apostilles” which are not genuine and will not be accepted for use overseas.
When you get your Apostille, it should be a physical certificate attached to the reverse of your document. If you receive it digitally only, this is the first red flag. It should also bear the official FCDO seal and be embossed through the document and Apostille itself.
Finally, it will have a unique serial number which can be validated on the official government website. If you are give a validation code which directs you to any site other than the official .gov site, this is not genuine and should be avoided.
If you’re still not sure what you need, or are having trouble getting your Apostille for whatever reason, we’re here to help. Get in touch with any questions you have or to have us obtain the Apostille for you! Our friendly team are here to walk you through any processes to make things as easy and stress-free as possible.
All we need is your original document posting to us, we take care of the rest. Your Apostilled document will be returned to you completed.
You can speak with our team of specialists via our live chat system, give us a call on 0330 088 1142 or send us a text message via WhatsApp. We’re happy to advise you further on how to go about these procedures.
While you’re here, why not keep up to date with all the latest comings and goings by following us on social media?
Ashraf is the Marketing Technologist at Vital Consular, which means he handles all the technicalities involved in bringing this blog to life! He also enjoys creating in-depth articles around current affairs which impact the travel and relocation industry. In his free time, Ashraf relishes travelling as much as possible, and is always looking for quirky spots to take some great photos.
