While no universal international law requires an apostille or legalisation on every document used abroad, the requirement arises from a combination of international agreements (like the Hague Apostille Convention) and the specific laws, regulations, or policies of the receiving foreign authority or institution.

The Hague Convention does create a legal obligation for member states to accept apostilles, but it doesn’t mandate that all documents must have one.

The actual need for an apostille or legalisation is always determined by the destination country or requesting authority and the specific context of the document’s use.

Here’s a breakdown:

You need an apostille when:

  • The destination country is a member of the Hague apostille convention: This is the most common scenario. If the country where you’ll be using the document is a signatory to the 1961 Hague Convention, an apostille from the UK FCDO (Foreign, Commonwealth & Development Office) is generally sufficient. We provide a list of Hague member countries on our website.
  • The document is a UK public document (or a certified copy):

This includes:

  • Birth, death, marriage, and civil partnership certificates (originals or official extracts from the GRO).
  • ACRO Police Certificates (originals).
  • DBS Certificates (originals).
  • Court documents (with an original court seal).
  • Government-issued documents (with an original signature/seal).
  • Certificates of No Impediment (originals from the GRO).
  • Documents certified by a UK solicitor or notary public (e.g., copies of passports, degrees, powers of attorney, translations).

You need legalisation when:

  • The destination country is NOT a member of the Hague apostille convention: If the country where you’ll use the document is not a party to the Hague Convention, you’ll need full legalisation. This involves getting an apostille from the FCDO and then getting the document further authenticated by the embassy or consulate of the destination country in the UK.

Examples to illustrate:

  • Apostille: You must use your UK birth certificate to apply for a residence permit in Spain (Hague member). An apostille is sufficient.
  • Legalisation: You must use a UK power of attorney in the UAE (not a Hague member). You’ll need full legalisation (solicitor certification, FCDO apostille, and UAE embassy authentication).
  • Apostille (with extra steps): You have a UK degree you must use for employment in Saudi Arabia (Hague member). While an apostille is required, Saudi Arabia also typically requires additional attestation by the Saudi Arabian Cultural Bureau and/or the Ministry of Education. 

Key considerations and steps:

  1. Identify the destination country: This is the most crucial. Check if it’s a Hague Convention member.
  2. Determine the document type: Some documents (like vital records) have specific requirements regardless of the destination country.
  3. Check with the requesting authority: Always confirm the exact requirements with the entity in the foreign country asking for the document (e.g., university, employer, government agency). They can tell you whether an apostille or full legalisation is needed and if any additional steps are required. Do not rely solely on general information; requirements can change.
  4. Consider using a professional service: If you’re unsure about the process or need legalisation (which involves dealing with embassies), consider using a professional apostille/legalisation service. They can handle the entire process for you, saving time and ensuring compliance. 

In short, you need an apostille for Hague Convention countries (with some exceptions) and legalisation for non-Hague countries (and sometimes for specific document types even within Hague countries). Always confirm the exact requirements with the requesting authority in the destination country.