For most people the first time you may ever come across a document legalisation process, or “Apostille Convention of The Hague 1961” for signatory countries, is when you need to register for residence abroad, or apply for a visa of some kind. This is standardised way for countries to formally recognise the authenticity of the document (well actually, it formally recognises who signed the document rather than the contents of the document, but I will explain the technical difference in a later post)
I have lived in The United Kingdom, The Netherlands and now currently Portugal, each with huge differences in the requirements of documents being submitted when registering for residence. From my experience this was especially pronounced when Portugal tried to block our registration when I failed to present a document that did not exist.
The Requirements for Apostille
In general, the requirement for document legalisation and the accompanying Apostille is more prevalent in countries which adopt Civil Law than those which use Common Law (in practical terms, those which the British Empire or Commonwealth has had some influence).
Starting a few days ago European Union Directive 2016/1191, amending Directive 1024/2012, came into full force which means EU countries must mutually recognise documents (both originals and certified copies) issued by other EU Member States where the primary purpose is to establish one or more of the following facts:
- a person being alive*
- marriage, including capacity to marry and marital status*
- divorce, legal separation or marriage annulment
- registered partnership, including capacity to enter into a registered partnership and registered partnership status*
- dissolution of a registered partnership, legal separation or annulment of a registered partnership
- domicile and/or residence*
- absence of a criminal record* (only where issued by the EU citizen's country of nationality, which might not be that where he resides)
* For these particular instances you can request a “Multi-lingual Standard Form” which serves to abolish the need to provide certified translations. Do not forget if you are travelling across EU borders with a non-EU family member then you should be carrying your residence card which states “Family Member of Union Citizen”, or if the residence card has not yet been issued then the birth or marriage certificate of the family member involved.
This may be very critical for those Brits wanting to move to another EU country in the remaining 5 weeks before Brexit (no-deal as it currently stands). The UK's General Register Office website has already been updated to issue these multilingual standard forms should you need them.