Frequently Asked Questions about Hague Apostille, MEA Attestation, Document Legalization and other specific requirements regarding your documentation for using in foreign countries.
What is an Apostille?
The apostille is a certificate issued by a designated authority (MEA India) in a country that is a party to the Hague Convention 1961. It authenticates the origin of a public document, confirming its authenticity for use in other signatory countries.
What is Hague Convention 1961?
The Hague Convention of 1961, formally known as the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, is an international treaty designed to simplify the process of authenticating public documents for use in foreign countries
Countries that Recognize an Apostille:
- Europe:
- France
- Germany
- Italy
- Spain
- Netherlands
- Belgium
- United Kingdom
- Switzerland
- Greece
- Austria
- Portugal
- Poland
- Americas:
- United States
- Canada
- Mexico
- Brazil
- Argentina
- Colombia
- Chile
- Peru
- Panama
- Asia:
- India
- Japan
- South Korea
- Philippines
- Indonesia
- Turkey
- Israel
- Africa:
- South Africa
- Morocco
- Botswana
- Cape Verde
- Oceania:
- Australia
- New Zealand
- Fiji
- Middle East:
- United Arab Emirates
- Bahrain
- Oman
- Apart from the above list, there are some more countries became a member of Hague convention. For more details visit the website
How long is an Apostille valid?
An Apostille Attestation does not have a specific expiration date; its validity is generally determined by the requirements of the country where it is being used and the type of document it authenticates.
Key Points on the Validity of an Apostille:
- Perpetual Validity for Documents: Once an Apostille is issued, it remains valid indefinitely as a form of authentication. However, this doesn’t necessarily mean that the underlying document remains valid forever. For example, documents such as birth certificates or diplomas with an Apostille generally maintain their validity as long as the document itself is valid, but in case of police clearance or criminal records, it will be valid either 90 or 180 days depending upon specific countries’s guidelines for criminal records.
- Time-Sensitive Documents: Some documents, such as criminal background checks, power of attorney, or financial documents, may have time limitations for their acceptance abroad. These documents might only be considered valid for a certain period (e.g., three to six months) by the requesting authorities. In such cases, even though the Apostille itself is still valid, the underlying document may need to be re-issued and re-apostilled.
- Country-Specific Requirements: The receiving country may have specific rules or preferences for how recently the document was apostilled. Always verify with the relevant authorities or institutions in the destination country to ensure compliance.
Recommendation:
To ensure your document is accepted, check with the institution or authority in the receiving country about the acceptable time frame for the document’s use after apostille authentication.
How do I obtain an Apostille?
Obtaining an Apostille involves a process of authenticating a document so that it will be recognized in foreign countries that are signatories to the Hague Apostille Convention. Here are the steps to obtain an Apostille:
Steps to Obtain an Apostille:
- Identify the Document Type:
- Ensure that the document you need to apostille is eligible. Common documents include birth certificates, marriage certificates, diplomas, powers of attorney, and business documents. Personal and commercial documents usually require separate processes.
- Get Your Document Prepared:
- If the document needs to be notarized (e.g., an affidavit or power of attorney), have it notarized by a registered notary public before submission for apostille. Some documents may also require authentication by a local or state authority i.e HRD, Home Department & Sub Divisional Magistrate(SDM) before proceeding to the apostille stage.
- Submit to the Competent Authority:
- In most countries, the Apostille is issued by designated authorities. For example:
- India: Ministry of External Affairs (MEA) or its outsourced agencies for personal, Educational and commercial documents.
- United States: The Secretary of State in the state where the document was issued or the U.S. Department of State for federal documents.
- United Kingdom: Foreign, Commonwealth & Development Office (FCDO).
- Other Countries: Usually handled by the Ministry of Foreign Affairs or designated state offices.
- Pay the Apostille Fees:
- The fees for obtaining an Apostille can vary depending on the type of document and the issuing authority. Fees are usually paid at the time of document submission to the Oursource Agencies.
- Processing Time:
- Processing times vary by country and can range from a day to weeks.
- Receive the Apostilled Document:
- Once processed, the apostille certificate will be attached directly to your document on the back page and this document will be collected by oursourced company in India.
Why Do You Need an Apostille?
Apostilles are needed to validate official documents for use in foreign countries that recognize the Apostille Convention. It ensures that your documents are accepted without further authentication, simplifying international procedures for visas, immigration, education, employment, and business transactions.
Can I Apostille a copy of a document or does it have to be the original?
Whether you can apostille a copy of a document or if it must be the original depends on the type of document and the specific requirements of the country that is requesting the apostille.
Original vs. Copy: Key Points
- Original Documents:
- Most official documents, such as birth certificates, marriage certificates, diplomas, or court orders, typically require the apostille to be affixed to the original document. The reason is that these documents must be validated by the issuing authority to confirm their authenticity.
- Certified Copies:
- For certain documents, like notarized copies of passports, educational certificates, or business documents, a certified copy may be accepted. In these cases, the document must be notarized or certified by a public notary or other authorized entity before being submitted for an apostille.
- Notarized Copies:
- Some countries and authorities allow apostilles on notarized copies of documents. For example, if you need to submit a copy of a diploma, you may have the copy notarized by a notary public, and then the apostille can be attached to the notarized copy.
- Document Requirements Vary:
- Requirements can vary significantly between countries and for different purposes, such as legal, educational, or business uses. It’s essential to check the specific guidelines of the receiving country and consult with the authority responsible for issuing the apostille.
Steps to Apostille a Copy of a Document:
- Notarization or Certification:
- Have the copy of the document notarized or certified by a recognized authority such as a notary public or lawyer.
- Submit to the Apostille Authority:
- Submit the notarized copy to the designated authority in your country for apostille, such as the Home Department. HRD, Sub divisional Magistrate(SDM), Ministry of Foreign Affairs, or another competent office.
- Ensure Compliance:
- Verify that the apostille on a copy is acceptable for the intended use, as some foreign authorities may still insist on the original document.
Important Considerations:
- Always confirm with the receiving country or institution whether an apostille on a copy is acceptable.
- Some institutions may only accept apostilles on original documents, particularly for legal or official purposes.
What is the difference between an Apostille and a notarial certification?
An Apostille and a Notarial Certification serve different purposes in the authentication and validation of documents, especially when dealing with international legal requirements.
An Apostille is a form of authentication specifically designed for international use, under the Hague Convention of 1961. It certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and identifies the seal/stamp on the document.
Apostilles are issued by designated authorities in each country, such as the Secretary of State, Ministry of Foreign Affairs, or other competent offices.
A notarial certification is a domestic process where a notary public verifies the authenticity of a signature on a document or certifies that a copy of an original document is accurate. This process does not involve international recognition.
Notarial certifications are performed by a notary public, who is authorized to witness signatures, administer oaths, and certify documents within their jurisdiction.
Is an Apostille the same as a consular legalization?
No, an Apostille is not the same as Consular Legalization; they are two different methods of document authentication for international use. Here’s a breakdown of the key differences between the two:
Apostille:
- Purpose: An Apostille is used to authenticate documents for use in countries that are members of the Hague Apostille Convention of 1961. It verifies the authenticity of the signature, the capacity in which the person signing the document has acted, and the seal or stamp on the document.
- Recognition: Apostilles are only recognized in countries that are part of the Hague Convention. Once a document has an Apostille, it does not require further authentication or legalization by embassies or consulates.
- Issuing Authority: Apostilles are issued by designated government authorities, such as the Ministry of Foreign Affairs, Secretary of State, or other competent offices in the country of origin of the document.
Consular Legalization:
- Purpose: Consular Legalization is used for authenticating documents for use in countries that are not members of the Hague Convention. This process involves several steps and is more complex than obtaining an Apostille.
- Recognition: Consular legalization is recognized in countries that are not part of the Hague Convention, as it involves direct authentication by the consulate or embassy of the destination country.
- Issuing Authority: Legalization is performed by the consulate or embassy of the country where the document will be used, usually after prior authentication by national authorities (like Notary, SDM, HRD, Home Department, the Ministry of Foreign Affairs).
Key Differences:
- Process Simplicity: Apostille is a single-step process recognized by member countries, whereas consular legalization is a multi-step process involving multiple authorities, including the consulate of the destination country.
- Scope of Use: Apostilles are for countries that are members of the Hague Convention, while consular legalization is used for non-member countries.
- Cost and Time: The Apostille process is generally quicker and less expensive compared to consular legalization, which is often more time-consuming and costly due to the multiple steps involved.
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