Lawyer Monthly - July 2023 Edition

organisation or official in the UK. This may be a registrant’s signature on a marriage certificate or the notary’s seal on a document. The document must then be transmitted to the FCDO. This can be done by mail or with a premium same-day service. The FCDO then verifies the document’s signature, seal, or stamp and, if everything is in order, issues the apostille certificate. The certificate is a small piece of paper that is affixed to the back of your document. It contains information such as the document’s country of origin, who signed it and in what capacity, any seals on the document, the place and date of certification, the issuing authority, the apostille certificate number, and the issuing authority’s insignia. Are there any potential obstacles or pitfalls to watch out for during this process? The eligibility of the document for an apostille is one of the initial and most significant obstacles. Not all documents are eligible for an apostille certificate. Prior to initiating the procedure, it is necessary to verify the document’s eligibility to avoid disappointment or delay. Another potential pitfall is the authenticity of the document. The apostille certificate is affixed to the original or a certified copy of a document bearing a recognised signature, seal, or stamp. Photocopies are typically not acknowledged unless they are authorised by a recognised authority. Rejection of a submitted document lacking a recognised seal, stamp, or signature is common. Timing is another crucial consideration. The apostille certificate process can be time-consuming, especially if conducted via mail. It is crucial to consider these deadlines, particularly if the document must be completed by a certain date. A second potential issue is the failure to determine whether the recipient country is a member of the Apostille Convention. The apostille certificate is legitimate only in countries that have signed the Hague Convention. If the document is destined for a nonmember state, a consular legalisation process may be required. Remember that the apostille certificate only verifies the origin of the document and the authenticity of any signatures, seals, or stamps it exhibits. It does not validate the content of the document. This distinction may be relevant when the document’s content, rather than its origin, is at issue. What kinds of documents are most commonly brought to by legalised internationally, whether through the apostille or other means? Birth certificates, passports and other identification documents must typically be legalised for international travel. Frequently, these identification documents are required for international transactions, immigration procedures, and employment abroad. Marriage and divorce certificates are frequently required to prove marital status when applying for a spouse’s visa or immigrating with a spouse. When applying for certain categories of visas or remarrying abroad, divorce certificates are required. EXPERT INSIGHT 67

RkJQdWJsaXNoZXIy Mjk3Mzkz