If you have been told that your document needs an “apostille,” you are not alone in finding that word slightly baffling. It is one of those legal terms that gets used freely by foreign authorities, overseas lawyers, and embassies without much explanation of what it means or how it fits into the wider picture.
What Is an Apostille?
An Apostille (from the French for “note” or “annotation”) is a standardised international certificate that authenticates a public document for use in another country. It was introduced by the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents 1961, now one of the most widely adopted international treaties in the world.
The Apostille is not a simple stamp or endorsement. It is a formal certificate, typically a separate page attached to the document, which confirms that the official signature, seal, or stamp on the underlying document is genuine and was applied by a properly authorised person. It does not verify or validate the content of the document itself. It authenticates the document’s origin and the authority of whoever signed or sealed it.
In England and Wales, the only body authorised to issue an Apostille is the Foreign, Commonwealth and Development Office (FCDO), through its Legalisation Office in Milton Keynes.
How Is an Apostille Different from Notarisation?
This is the question I am asked most often.
Notarisation and an Apostille are two separate and distinct steps in a process, not alternative descriptions of the same thing.
Notarisation is carried out by a Notary Public. The Notary is an independent legal professional who verifies the identity of the person signing a document, witnesses the signature and attaches their own certificate, seal, and signature confirming what they have done. The notarised document now carries the Notary’s certification, but when it arrives at a foreign authority, that authority has no way of independently confirming that the Notary’s seal and signature are genuine.
The Apostille addresses that problem. It is issued by the FCDO and authenticates the Notary’s signature and seal at government level. It tells the foreign authority: this is a genuine and properly appointed Notary Public in England and Wales, and the signature and seal on this document are theirs and are authentic.
Put simply: the Notary certifies the document, and the Apostille certifies the Notary. Notarisation comes first; the Apostille follows. Neither can substitute for the other.
The Hague Apostille Convention: Which Countries Are Covered?
The Apostille system works because 127 countries are now party to the Hague Apostille Convention, meaning they have agreed to accept documents bearing an Apostille from other member countries without requiring any further diplomatic authentication. The list includes virtually all of Europe, the United States, Australia, most of Latin America, and a growing number of countries in Africa and Asia. The UK became a signatory in 1965.
For documents destined for a Hague Convention member country, an Apostille is all that is required after notarisation. No embassy involvement is needed. A current and searchable list of member countries is maintained by the Hague Conference on Private International Law at hcch.net.
Why Might You Need an Apostille?
An Apostille is required whenever a document from England and Wales needs to be accepted by an authority in a Hague Convention member country and that authority requires formal authentication of its origin. Common situations include:
- Powers of attorney for use in overseas property transactions, particularly in Spain, Portugal, France, Italy, and other popular destinations
- Certified copies of identity documents required by foreign banks, financial institutions, or regulatory bodies
- Birth, marriage, and death certificates submitted in support of citizenship, residency, or inheritance applications abroad
- Academic qualifications and professional certificates for foreign job applications, university admissions, or professional registration
- Company incorporation documents and directors’ resolutions required by overseas business partners or foreign registries
- Documents for use in foreign court or administrative proceedings
- Statutory declarations, affidavits, and sworn statements prepared for foreign use
The requesting authority will usually specify whether an Apostille is required. If you have received written instructions, please bring them with you, as they help ensure the document is prepared correctly from the outset.
How Do You Obtain an Apostille?
The process is more straightforward than it might appear:
- The document is notarised. I verify your identity, witness your signature where required, and attach my notarial certificate, seal, and signature. In some cases, the document is a UK public document that does not require notarisation before going to the FCDO; I can advise whether this applies to your situation.
- The notarised document is submitted to the FCDO Legalisation Office. This can be done by post directly by you, or through a registered agent. I can arrange submission on your behalf, which is generally more reliable and often faster for time-sensitive matters.
- The FCDO authenticates the Notary’s signature and seal. The FCDO checks its records and, if satisfied, attaches the Apostille certificate to the document.
- The apostilled document is returned and is ready for use in the destination country.
How Long Does It Take, and What Does It Cost?
The FCDO currently charges £45 per document for the Apostille. Standard postal processing directly with the FCDO takes approximately 15 to 20 working days. Where a faster turnaround is needed, submission through a registered agent typically reduces this to between one and five working days, though additional agent fees apply.
Since December 2023, the FCDO no longer operates a public counter service, so all applications must be submitted by post or through an agent.
The FCDO now also issues electronic Apostilles (e-Apostilles) for an increasing range of documents. An e-Apostille is a digital certificate verifiable online and does not require physical posting. Many countries now accept these, but you should always confirm with the receiving authority that an e-Apostille is acceptable before choosing this route.
FCDO fees and processing times can change. I recommend checking current information at gov.uk/get-document-legalised when planning ahead.
What if the Destination Country is not in the Hague Convention?
Where the destination country is not a Hague Convention member, a different process applies: consular or embassy legalisation.
Rather than a single FCDO certificate, the process involves submitting the notarised document to the embassy or consulate of the destination country in London, which then adds its own authentication. Some countries also require an intermediate step in which the FCDO first certifies the Notary’s signature in a form distinct from the Apostille before the document goes to the embassy.
This route is more complex and more time-consuming, and requirements vary considerably between countries. Embassy processing times range from a few days to several weeks, and some embassies require appointments booked well in advance. Before instructing a Notary, it is always worth contacting the relevant embassy in London or the receiving authority directly to confirm the precise requirements for your specific document and destination.
Apostille, Embassy Legalisation, and Consular Legalisation: What Is the Difference?
The three terms describe different routes to the same end, which is to make a document from England and Wales acceptable to a foreign authority. The right route depends on the destination country.
An Apostille is the simplest route. Issued by the FCDO, it is accepted by all Hague Convention member countries. One certificate from one government body is sufficient. This applies to many countries that UK nationals deal with for property, business, and personal document purposes.
Embassy legalisation applies where the destination country is not a Hague Convention member. After notarisation (and sometimes after an FCDO authentication of the Notary’s signature as a preliminary step), the document must be submitted to the embassy or consulate of the destination country in London. The embassy adds its own authentication stamp or certificate.
Consular legalisation is, in practice, the same process as embassy legalisation. The terms are used interchangeably, since the process runs through the relevant country’s diplomatic mission in London regardless of whether it is technically designated as an embassy or a consulate.
A Few Practical Points
Establish the requirements before you instruct a Notary. Knowing in advance whether an Apostille or embassy legalisation is required, and whether there are any specific requirements about the form or wording of the document, will ensure it is prepared correctly from the outset and avoids the possibility of rejection.
Allow enough time. Notarisation and an Apostille together, using standard FCDO processing, will typically take four to five weeks from start to finish. If embassy legalisation is required, allow longer, and check embassy processing times early.
Confirm acceptance with the receiving authority. The Apostille authenticates the origin of the document. The receiving authority may also have requirements about the content, language, or format of the document, or whether a certified translation into the destination country’s language is needed alongside it.
How Can I Help?
Whether your document needs notarisation and an Apostille for a Hague Convention country, or notarisation followed by embassy legalisation for a country outside the Convention, I can advise on the full process from start to finish and arrange it on your behalf wherever possible. If you have simply been told you need an “apostille” and are not yet sure what is involved, please do get in touch for an initial conversation.
Malcolm Gregory · Notary Public
Email: malcolmgregory@publicnotary.me.uk
Website: www.publicnotary.me.uk