When dealing with international transactions and legal processes, ensuring the authenticity and validity of your documents is of utmost importance. One way to accomplish this is by obtaining an Apostille, which verifies the legitimacy of your documents for use in countries that are part of the Hague Convention. Failing to utilize apostille services can expose you to various risks and complications. In this blog post, we will explore the risks associated with not using apostille services, emphasizing the importance of this crucial step in international documentation.
One of the significant risks of not obtaining an Apostille is the rejection or non-acceptance of your documents in foreign countries. Without an apostille, your documents may be deemed invalid or suspicious, leading to delays or even denial of services, such as visa applications, employment opportunities, or educational pursuits. By not using apostille services, you jeopardize the recognition and acceptance of your documents, potentially hindering your personal and professional endeavours abroad.
Failing to apostille your documents can have legal implications and cause significant inconveniences. Legal proceedings involving non-apostilled documents may face challenges in foreign courts, as the absence of an apostille raises doubts about the authenticity and validity of the documentation. This can result in delayed court procedures, higher legal costs, and potential loss of legal rights. Moreover, it may require you to undertake additional steps to rectify the situation, causing unnecessary stress, time, and financial burdens.
The absence of an apostille increases the risk of fraud and misrepresentation. In international transactions, parties rely on verified documents to establish trust and credibility. Without an apostille, there is a higher likelihood of counterfeit or altered documents being used, which can lead to fraudulent activities, financial losses, and damage to your reputation. Apostille services act as a safeguard against such risks by providing an official seal of authenticity.
For businesses engaged in international trade and collaborations, not using apostille services can pose significant challenges. Commercial documents without apostilles may not be recognized by foreign authorities or business partners, hindering smooth operations, contract enforcement, and dispute resolution. This can lead to strained relationships, legal disputes, and financial losses. Apostilling commercial documents ensures their acceptance and credibility, facilitating seamless cross-border business operations.
Apostille Services open doors to a wide range of international opportunities, including education, employment, business ventures, and personal endeavours. Without an apostille, you may face limited access to such opportunities, as many countries require apostilled documents for visa applications, educational admissions, or work permits. By not utilizing Apostille Services, you may miss out on valuable prospects and experiences that can shape your personal and professional growth.
An Apostille is a French word that means Certification and it’s Pronounce as “ah-po-style”. An Apostille is simply the name for a specialized certificate, issued by the Ministry of External Affairs, New Delhi. The Apostille sticker is pasted on the backside of original document to verify it is legitimate and authentic, so it will be accepted in one of the other countries who are members of The Hague Apostille Convention.
The Apostille Convention is an international treaty that simplifies the legalization procedure for foreign public documents. It allows a Government body to certify a document issued in its own country as valid for other countries without further certification by the destination state. The Convention has 126 contracting states as of November 2023, including the United States and Canada.
The Apostille Convention provides the simplified certification of public (including notarized) documents to be used in countries that have joined the convention. Documents destined for use in participating countries and their territories should be certified by one of the officials in the jurisdiction in which the document has been executed.
The Hague Convention requires that all Apostille be numbered consecutively, with individual numbers applied to each Apostille issued. The recognized standard Apostille contains a seal and 10 mandatory references: name of country from which the document emanates, name of person signing the document, the capacity in which the person signing the document has acted, in the case of unsigned documents, the name of the authority that has affixed the seal or stamp, place of certification date of certification, the authority issuing the certificate, number of certificate, seal or stamp of authority issuing certificate and signature of authority issuing certificate. Prior to the introduction of Apostille certificates the burden on international courts and authorities to judge foreign documents as authentic was quite considerable. On the October 5, 1961 the Hague Convention abolished the requirement of legalization for foreign public documents. The Convention reduces all of the formalities of legalization to the simple delivery of a certificate in a prescribed form, entitled “Apostille”, by the authorities of the Ministry where the document originates. This certificate, placed on the document, is dated, numbered and registered. The verification of its registration can be carried out without difficulty by means of a simple request for information addressed to the authority which delivered the certificate.
Apostille Process depends that if the documents are Educational, Non Educational or Commercial. Educational Certificate Apostille is required if you are going for Job or Study in any of The Hague Convention Countries. Non Educational documents like Marriage, Birth Certificate Apostille services are required for your dependents, if you want them to accompany you in that country. Commercial documents Apostille is required if you want to send shipment, open a branch in Hague country of have to do some business collaboration. We will try to explain process for you.
First step of the Process is getting the Notarization of document done. Notary can be done from anywhere in India. And it can be done from Delhi also. Doing Notary from Delhi will save some time, as documents has to come to Delhi only for Apostille.
After the Notary is done, next step in Sub Divisional Magistrate. SDM attestation is done in Delhi. It’s same for Educational and Non Educational documents. If you leave few countries, this SDM Stamping is valid in all the countries. Some countries Like, Italy, Switzerland and Austria might ask for State HRD for Educational Documents and State home Department/GAD for Non Educational documents. So, if you are planning for these countries please get complete knowledge from office HR or local bodies who are applying your case. SDM Stamping is done in 1 day and on the backside of the original Document.
Last and most important part is getting the document attested from Ministry of External affairs. After Notary and SDM Stampings are done Documents are submitted in Ministry of External Affairs, New Delhi for Apostille. Just like Notary and SDM, Apostille Sticker is pasted on the back side of the document. Apostille sticker will have your name and current date. It also have unique number and contain name and designation of the person who have signed it. After Apostille sticker, the process is completed the documents are ready for use. When you receive the Apostille document, first please check that all the spellings and dates are fine. As sometimes there can be some mismatch in the spelling. If there is some spelling mistake then it has to submit in correction department. That will take another 1 day
If you are going through State Attestation Process then it might take more than a month. As for Educational documents, first stamp from University is required and then from State HRD Department. And for Non Educational Documents, First Stamp is required from Local DC office and then from State GAD/Home Department. If you go through SDM Apostille process then processing time is only 5 to 6 working. This Process takes less time and is less expensive as well.
Apostille process can be very hectic if not taken seriously. So its very important to get the right People for the right work. If proper process is not followed, then Ministry of External Affairs put small stamp on the Apostille sticker that ‘Ministry of External Affairs Except no responsibility for the content of the above document”. This can cause problem to your happy journey and even the visa can get rejected. So for Apostille process always look for someone who is professional in this field like SPS Global Services.
Apostille Sticker has a validity of Six Months. Means you have to use this Apostille within 6 months, after that whole life you can stay in that country. But if you want to change the country after 6 Months then Apostille needs to done again. Don’t worry if there is no space on the backside of the document. New Apostille Sticker can be applied on the expired Sticker.
Original Documents are very important part of our Life. Sometimes it takes several months to obtain new documents. So security of documents is most important for us. You can do live tracking of the process daily. Currently document is in which city and in which department, you can check with just one click. Whenever you handover your documents to any of our office, a link is shared to you on mail. With that you can track the whole process, till documents are delivered back to you.
If you are travelling outside India to any of The Hague convention Country for Study or Work, then Apostille is required on your Educational documents. And if you are applying dependent visa for your spouse or children, then their Marriage and Birth Certificate will be required to get Apostille. Still if you have any query, you can get in touch with SPS Team @9920111362
