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Relocating abroad? Get your documents apostilled
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Understanding apostilling, the kinds of documents that need to be apostilled and the administration of apostille in India
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Setting out the broad steps for getting documents apostilled in India
The below content is purely for informational purposes and is not intended to constitute advisory of any kind. Please note, these are in-depth articles which are best viewed on large screen devices like laptops, desktops and tablets. The position reflected in this article has been updated as of December 15, 2024
Indians moving abroad can get their personal documents such as birth/marriage/academic certificates authenticated in India for hassle-free use in countries that are signatories to the Convention for Abolishing the Requirement of Legalisation for Foreign Public Documents (“Hague Convention, 1961”). This is by way of apostilling, which is a globally accepted practice of authenticating the original of a public document so that it can be used and submitted abroad in another member country. This simplifies one’s need to get their documents recognised internationally. This article briefly acquaints you with the process of getting your documents apostilled in India.
What is apostilling of documents?
Apostilling is an internationally recognised process of authenticating public documents for use or submission in another country which is a member of the Hague Convention.
Understanding the Hague Convention
In order to replace the traditional and cumbersome process of legalisation of public documents in foreign countries, the Hague Convention was ratified by many countries. The Convention provides for the process of authenticating the original of a public document so that it can be presented abroad in another member country. Around 124 countries, including India, Singapore, the United Kingdom (UK), the United States of America (USA), Germany, Australia and Saudi Arabia, are a part of the Convention, i.e., these countries accept apostilled documents from other member countries for use in their country. Click here for the complete list of member countries.
Please note that for apostilled documents to be valid in another country, it is essential that both the countries should be party to the Convention.
Did you know?
While notarisation and apostillation both ensure the verification and authenticity of documents, they both serve different purposes. Notarisation involves a notary public inter-alia authenticating the document domestically, while apostillation on the other hand, is done by competent authorities for validating a document for use internationally.
Let’s understand this with an example.
Priya, an Indian resident, is offered a job in the USA. As part of the process of moving overseas, she may be required to submit apostilled public documents like her birth certificate, passport, degrees, matriculation and secondary level education certificates, etc. The website of the US Embassy and Consulates in India* provides that such Indian documents can be authenticated for use in the US by issuance of an apostille sticker by the Ministry of External Affairs of the Government of India (MEA). Each apostille bears the title “Apostille (Convention de La Haye du 5 octobre 1961)” and has 10 numbered standard informational items. The website also provides that the documents which are apostilled from the MEA do not require authentication at the US Embassy or a Consulate General, and such documents are ready to be used in the US. Therefore, once Priya gets her documents apostilled, she may not require any further authentication in the US.
*US Embassy and Consulates in India
Which documents can be apostilled?
The Convention only applies to public documents. The determination of whether or not a particular document is a public document would be as per the law of the country in which the document was originally issued. In India, commonly submitted documents for apostillation include:
- birth certificate
- death certificate
- marriage certificates
- school passing certificates
- matriculation and secondary level certificates
- diplomas
- degrees
- affidavits
- powers of attorney
- orders
- decrees
- judgements
Please note that the above list is only an indicative list. For your specific queries, you should consult a legal expert.
Who can issue an apostille?
The Convention provides that the apostilles can only be issued by the competent authorities formally designated by the member countries. The competent authority for issuing the certificate of apostille in India is the MEA*.
*Hague Conference on Private International Law (HCCH).
Process of getting documents apostilled in India
Usually, you can obtain an apostille certificate for your Indian-origin public documents by following the below mentioned broad-level steps:
- Notarisation: A local notary public would notarise a copy of the original document
- Authentication: The notarised document would then require to be authenticated by the relevant regional authorisation centres like the General Administration Department of the concerned state/union territory, Education Department, Chambers of Commerce (Click here for the complete list of chambers of commerce in India) etc. Authentication is usually done by the regional centres by means of attesting the document.
- Submission to MEA: Such notarised and authenticated document (along with the applicable underlying documents such as additional copies, copies of applicant’s passport etc.) would then have to be submitted through an authorised outsourced agencies to the MEA, which will then verify and apostille the said document. The MEA does not accept documents directly from the applicant/individual and all the documents for the purpose of apostille by the MEA are required to be submitted and collected from the designated outsourced agencies.
Did you know?
If your public document is to be used in a country which is not a party to the Hague Convention, you can opt for attestation service provided by the MEA. You should contact the embassy or a consulate of the country you are moving to, in order to get the details of the documents by MEA where you intend to use the document in order to find out what your options are.
You will be required to pay nominal fees to MEA and the designated outsourcing agency in respect of the apostillation services.
Did you know?
The MEA has also initiated Project e-Sanad for providing a centralised platform for verification/attestation/apostille services in respect of certain documents (such as documents issued by the CBSE for year 2014 and onwards) which are available in the digital repository.
It is important to note that these are broad level requirements for getting the documents apostilled. The relevant attesting authorities, authorised outsourcing service provider or the MEA may seek further documentation and information depending on the nature of the document. You should get in touch with an authorised outsourcing service provider for more details.
Conclusion
By apostilling, you can have your documents accepted and recognised in another country, provided they are a member of the Hague Convention. You will need to follow the process prescribed by the MEA. For more details, you should get in touch with the relevant outsourcing service provider.
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