Apostille first or translation first?
When a public document is to be used in another country, it often needs both a Hague certification – known as an Apostille – and a certified translation. As a rule, the correct order is clear:
First the Apostille is placed on the original document, and then the entire document is translated together with the Apostille.
The reason is simple: the Apostille is part of the final document that will be submitted. It contains details such as the country of origin, the name and capacity of the signatory, the competent authority, the date, the certificate number, and the seal and signature of the issuing authority. So when a translation is required, these details must be translated too.
If the document is translated before it receives the Apostille, a supplementary translation of the Apostille may be needed. This can mean extra cost, delays or inconsistencies between the documents to be submitted.
An Apostille is not required in every cross-border procedure. An EU regulation, a bilateral treaty or another international agreement may abolish the legalisation requirement for certain categories of documents.
In particular, Regulation (EU) 2016/1191 simplifies the circulation of certain public documents between EU member states. For documents within its scope – such as certain birth, death, marriage, residence or criminal record certificates – no Apostille is required.
In some cases a multilingual standard form can also be issued to accompany the public document, which may reduce or remove the need for translation. However, the exemption does not automatically cover every public document or every use of it.
That is why, before starting any procedure, you should check the issuing country, the country of submission, the type of document and the requirements of the receiving authority.
The general order “Apostille first, then translation” applies when the Apostille is placed on the original public document itself.
However, there are special procedures in which the translator’s signature must be certified, or the translation itself must receive an Apostille. In that case the translation may come first, then its certification, and finally the Apostille on the certification.
This is a different procedure and should not be confused with the Apostille on the original. Private documents need similar care: they may first have to be signed before a notary or acquire public status before they can receive an Apostille.
It is the competent receiving authority that decides exactly which form of document and translation it will accept.
An Apostille does not certify that the content of a document is true or correct. It certifies the authenticity of the signature, the capacity in which the signatory acted and, where applicable, the identity of the seal or stamp on the document.
It is used for public documents issued in a state party to the Hague Convention that are to be submitted in another state party. Such documents may include civil status records, family status certificates, criminal records, court or notarial documents and certain educational documents.
The Apostille is issued by the competent authority of the state where the original document was issued. It is not added by the translator or by the authority of the country where the document will be submitted.
The right process before translation
Before you order the translation, ask the authority where you will submit the document to confirm whether you need:
- the original or an official copy,
- an Apostille or another form of consular legalisation,
- a certified translation,
- a translation of the Apostille as well,
- a recently issued certificate,
- paper or electronic submission.
If the issuing or destination country is not a party to the Hague Convention, a different consular legalisation procedure may be required. So the word “Apostille” should not be used as a general term for every form of legalisation of a foreign document.
Once the required certifications are complete, send clear and complete scans of all pages for translation. Stamps, signatures, handwritten notes, reference numbers and the Apostille must all be visible.
An initial check before translation can prevent unnecessary charges and delays.
Send your document to Translatable, stating the country where it will be submitted and the authority that will receive it, so that the language, legibility and completeness of the material can be checked.
