What is an Apostille?

March 3, 2023

What is an Apostille? The Hague apostille is a stamp that is applied to a document to grant it legal status or validity abroad. This streamlined method of document legalization benefits the Hague apostille convention signatory nations.

To legalize a copy of a public document, the responsible authority stamps an apostille on it, which is attached to the document’s back or on a separate page. For the receiving nation to be able to confirm that the document is genuine, original, and has been issued by an authorized authority in the country of origin.

Not all nations have ratified the Hague apostille agreement, which is why only documents from those nations are given the apostille. Here is a link to the Official List of countries part of the Hague Convention.

it is a simplified legalization system in use in many countries that allows for the fast and simple legalization of these documents, as well as their validity when they arrive in Spain. A foreign document that lacks the Hague Apostille, or a legalization from a nation that is not a signatory to the Hague apostille convention, will not be recognized in Spain.

Documents Validity

It is important to note that the validity of the documents once they arrive in Spain begin to count from the issuance of such documents, or the affixing of the Hague apostille stamp.

How Can I Apostille Legal Documents in the United States?

Apostilling legal documents in the United States for use in countries part of the 1961 Hague Convention involves a specific process. Here’s a streamlined overview:

Apostille Purpose: An apostille certifies documents for recognition in Hague Convention member countries.
Issuance Criteria:
- Only documents issued by the U.S. federal government and intended for use in Hague Convention member countries are eligible.
- Requests for non-member countries will be denied.
Preparation Steps:
1. Notarization:
  - If notarized by a county notary: Proceed to the clerk of court, then to a state office.
  - If notarized by a state notary: Directly proceed to a state office.
2. Original Seals and Signatures: Ensure all are original.
  - Obtain certified copies from a notary public.
  - Life event records, court documents, and federally-issued documents need state-level certification.
3. Translation and Notarization: Documents in foreign languages must be translated into English and the translation notarized.
Document Type Specifics:
- Federally-Issued Documents:
  - Require an apostille from the U.S. Department of State.
  - Applicable to documents signed by U.S. federal officials, consular officers, military notaries, judge advocates, or foreign consuls registered with the State Department.
  - Must include the official’s signature, title, and agency seal.
- State-Issued Documents:
  - For use in Hague Convention member countries: Get certification by the state that issued the document.
  - For non-member countries: Obtain an authentication certificate from the U.S. Department of State instead of an apostille.

Spainguru collaborates with vetted private apostille service providers, ensuring a smooth and error-free process for all your apostille needs.

How Can I Apostille Legal Documents in the United Kingdom?

Getting an apostille for UK documents involves a few clear steps for them to be recognized internationally:

Legalisation Office: This is where you get UK documents legalised by attaching an apostille, verifying them for use in foreign countries.
Eligible Documents:
- Documents from courts, public registries, government departments, or signed by registered doctors.
- Documents certified by UK public officials, like notaries or solicitors, including powers of attorney, contracts, or qualifications.

Spainguru partners with reputable private apostille service providers in the UK, guaranteeing a streamlined and error-free apostille process for your legal documents.

Common documents that usually need to be Apostilled to obtain Spanish Visas

Background Check or Police Check, such as FBI Background check in the US or the ACRO in the UK.
Marriage Certificate
Birth certificate
Medical Certificate, when the doctor that issues it is not Spanish and/or the text in the certificate is not in Spanish. Get your medical certificates here.

Remember that the apostilles need to be done first, then the documents need to be translated by a Spanish sworn translator.

As an example, here’s the list of documents that the Spanish Consulate in Los Angeles requires for the Spanish non lucrative visa application.

How do the Apostilles look like?

Here are a few examples of Apostille documents from several US States.

Here are a few examples of Apostille documents from the UK and the Philippines

When must I obtain a federal apostille and when a state apostille in the United States?

In the USA, you may need to obtain a federal or state apostille depending on the type of document you need to authenticate and the purpose for which it will be used.

A federal apostille is required for documents issued by federal agencies. Examples of documents that may require a federal apostille include certificates of naturalization, FBI background checks, IRS tax forms, Passports or Social Security letters.

On the other hand, a state apostille is required for documents issued by state agencies. Examples of documents that may require a state apostille include birth or death certificates, marriage certificates, and High school Diplomas or college degrees.

Since Federal Apostilles take much longer to obtain than State Apostilles, Spainguru Community members have asked “Has anyone used a state apostilled FBI report for a Spanish visa in the US?“

It is important to note that not all documents are eligible for an apostille, and the requirements for obtaining an apostille may vary by state. Therefore, it is advisable to check with the relevant authorities to determine which type of apostille you need and what the specific requirements are for obtaining one.

Hague Apostille Country List

Here is a link to the Official List of countries part of the Hague Convention

Countries part of the Hague Convention - What is an Apostille? — Countries part of the Hague Convention

FAQs

What is the difference between a federal and a state apostille in the United States, and when do I need each?

A federal apostille is required for documents issued by federal agencies, such as FBI background checks and IRS forms, while a state apostille is needed for documents issued by state agencies, like birth or marriage certificates. The choice depends on the origin of the document and its intended use in foreign countries.

What types of documents typically need an Apostille for Spain visas?

Commonly, documents such as FBI or UK police background checks, marriage certificates, birth certificates, and medical certificates signed in a foreign language need to be Apostilled before they are translated into Spanish for visa applications.

Which countries are part of the Hague Apostille Convention, and why does it matter?

Countries that have ratified the Hague Apostille Convention are part of the agreement that facilitates the streamlined legal recognition of documents. Only documents from these signatory nations can be accredited with an Apostille, making the process faster and simpler. A list of member countries is available on the official Hague Conference website.

How does the Apostille process work for legalizing a document?

The process involves a responsible authority stamping an Apostille on the document, either attached to it or on a separate page. This stamp verifies the document’s authenticity so that the receiving country can confirm it is genuine and issued by an authorized entity in the origin country.