Everything About Apostille: Who needs it and why?

An apostille is a method of certifying official documents used for their legalization abroad. It simplifies the process of recognizing documents between countries by confirming their authenticity and legality without the need for complex consular procedures. An apostille verifies the authenticity of the signature, seal, or stamp on the document and confirms that the person who signed the document had the authority to do so.

Who needs it?

An apostille is needed by individuals and entities who must present their official documents in another country that is a party to the 1961 Hague Convention (which includes Poland and over 120 other countries - the current list of member countries can be checked on the official Hague Conference on Private International Law website). In most European countries, including Poland, the formal authority for issuing apostille is the Ministry of Foreign Affairs, which often delegates the task to local offices for better accessibility. Here are some examples of situations where an apostille might be required:

Individuals:

  • Marriage: People planning to marry abroad may need an apostille for birth certificates, marriage certificates, divorce decrees, or other civil status documents.
  • Education: Students planning to study abroad may need an apostille for school certificates, university diplomas, and professional qualification certificates.
  • Emigration: People moving to another country may need an apostille for various documents such as birth certificates, marriage certificates, and criminal record certificates.
  • Inheritance: Individuals inheriting property abroad may need an apostille for wills, birth certificates, and death certificates.

Businesses and Companies:

  • Establishing a business abroad: Companies planning to open a branch or representative office abroad may need an apostille for company registration documents, powers of attorney, and partnership agreements.
  • Commercial agreements: Entrepreneurs may need an apostille for commercial contracts, export certificates, product documents, and trademark registration certificates.
  • Foreign employees: Companies hiring foreign employees may need an apostille for employment contracts, professional qualification certificates, and documents confirming work experience.

Educational and Scientific Institutions:

  • International cooperation: Schools, universities, and research institutes collaborating with foreign institutions may need an apostille for cooperation agreements, scientist qualification certificates, and course completion certificates.

Public institutions and offices:

  • Information exchange: Offices may need an apostille for court documents, administrative documents, and international agreements.

Examples of situations requiring an apostille:

  • Wedding abroad: A Polish citizen planning to marry in Italy needs an apostille for their birth certificate and a certificate of no impediment.
  • Studying abroad: A Polish student wanting to study in the USA must provide an apostille for their high school diplomas.
  • Working abroad: A Polish person who found a job in Australia may need an apostille for their work certificates and diplomas.
  • Legal matters: A person from Spain inheriting property in Poland needs an apostille for their birth certificates and will.

Process of obtaining an apostille:

  1. Document issuance: First, obtain the document that needs to be certified (e.g., birth certificate, diploma, power of attorney).
  2. Legalization in the issuing country: The document must be certified by the relevant office in the country where it was issued. In Poland, this could be the Ministry of Foreign Affairs, provincial offices, etc.
  3. Issuance of apostille: After obtaining the necessary certifications, you can apply for the apostille from the appropriate authority in the country where the document was issued.

Cost of issuing an apostille:

In Poland, the fee for issuing an apostille is 60 PLN per document. Example fees in selected countries:

  • United States: The fee varies by state but usually ranges from $5 to $20 per document.
  • United Kingdom: The fee for issuing a document by the Foreign, Commonwealth & Development Office is around £30 per document.
  • Germany: The fee for issuing an apostille by the relevant offices is around €25 per document.
  • France: The fee for issuing a document by the Prefectures or Ministry of Foreign Affairs is around €10 per document.
  • Ukraine: The fee for issuing a document by the Ministry of Foreign Affairs of Ukraine is around 51 UAH per document.

In some cases, additional costs may apply, such as:

  • Intermediary fees if using the services of companies that obtain apostille.
  • Sworn translation fees if the document needs to be translated.
  • Postal fees for sending documents.

Important information

Costs may vary depending on current regulations and the policies of a given country. It is advisable to check the current rates on the websites of the relevant authorities issuing apostille in each country. More information about obtaining an apostille in Poland can be found on the official website of the Ministry of Foreign Affairs:

https://www.gov.pl/web/dyplomacja/apostille

Naturally, for any matters related to foreigners, we invite you to contact our Legal Office for foreign affairs!