Legalisation of documents and apostille: what to do in Almaty and which mistakes to avoid

A document was issued in Kazakhstan: a diploma, a criminal record certificate, a marriage certificate, a statement, a power of attorney. It is required in another country, and it turns out that on its own it proves nothing there. Legalisation of documents or an apostille is needed — depending on where and for what purpose the paper is going.

It is easy to make a mistake here. Some confuse an apostille with notarisation, others order a translation in the wrong country, and others learn about the consular legalisation requirement only after submitting the package and lose months. All of this costs time, repeat visits and money, and sometimes a lost job or deal.

When documents need to be legalised for another country

A document issued in Kazakhstan is valid only on the territory of our country. For the official bodies of another state it is not confirmed by anything, so legalisation of documents is needed above all so that the paper confirms its legal force abroad. Without this step, a certificate, diploma or marriage certificate simply will not be accepted for consideration there.

The form depends on the destination country and on what exactly is required. For some states an apostille is enough, for others consular legalisation is needed, and for countries with which Kazakhstan has separate agreements, the document itself suffices. Check in advance which procedure is recognised on the other side.

• school certificates, diplomas and proof of study
• civil registry office certificates: marriage, birth, death
• criminal record certificate and court decisions
• powers of attorney and documents confirming ownership

Checking at this stage saves a wasted trip.

Legalisation of a criminal record certificate

A criminal record certificate is most often needed for a visa, residence permit, employment or marriage abroad. Before submitting it to foreign authorities, the document must be legalised — otherwise it simply will not be accepted. The method depends on the destination country.

If the country is a party to the Hague Convention, an apostille is enough. When it is not a party to the convention, consular legalisation of the criminal record certificate applies: the document is first certified in Kazakhstan and then at the consulate of the destination country. The apostille and the consular route have different procedures and timelines.

Check the certificate itself separately:

the name and date of birth must match the passport;

for an apostille, the original with a signature and seal is required;

the translation into the language of the destination country is certified by a notary;

sometimes a recent certificate is required — an old one will not be accepted.

Consular legalisation of documents and how it differs

Consular legalisation is a way of certifying a document for a country with which Kazakhstan does not have an agreement abolishing formalities. The difference from an apostille is that an apostille is affixed once by an authorised body in Kazakhstan and is recognised in all countries of the Hague Convention, whereas consular legalisation requires a two-stage route: first the document is certified by an authorised body of the country of origin (for Kazakhstani papers — by the justice authorities, archives, notaries), and then it is legalised by the consulate of the destination country.

The signature is always certified by a specific consulate, and each embassy has its own requirements as to translation, deadlines, stamps and even which documents it accepts at all. If a document is not accepted the first time, it will have to be certified and translated again — so it is important to check in advance the requirements of the embassy to which the document will go.

• Apostille — for countries of the Hague Convention
• Consular legalisation — for countries without an agreement
• First certification in the country of origin
• Then legalisation by the consulate of the destination country

The requirements of the specific embassy are checked before the procedure begins.

Legalisation of Chamber of Commerce documents for foreign economic transactions

In foreign economic transactions, a foreign partner often asks for confirmation that the company's documents are genuine and signed by the person stated. An apostille is not always appropriate here: some countries, especially in the Middle East and Asia, accept papers only after legalisation at the Chamber of Commerce and Industry. Such Chamber of Commerce legalisation certifies documents of a commercial nature for use abroad and confirms the status of the signatory.

The request usually comes from the counterparty or the bank: they specify which papers need to be certified and in which language. So check the list and translation requirements with your partner in advance, and after certification at the chamber, check whether consular legalisation at the embassy of the destination country is then required. Most often the following documents go through the chamber:

• Contracts and foreign trade agreements
• Invoices and delivery notes
• Certificates of origin of goods
• Powers of attorney for signing transactions
• The company's constituent documents

Mistakes in document legalisation that are the most expensive to fix

Most often the process is held up by translation: a notary may refuse to certify a text if terms or names are rendered incorrectly, and abroad such a document will not be accepted. Because of mistakes in translation or formatting, the document is returned without legalisation, and the whole procedure has to be started again — with a new translation, certification and submission.

The wrong choice of legalisation country is also costly: an apostille and consular legalisation are not interchangeable, and a document with the wrong stamp simply will not be accepted abroad. Equally risky is a requirement identified too late: corrections, covered-up letters or outdated data in a criminal record certificate come to light at submission, when deadlines are tight.

• Certify the translation before submission, not after objections
• Check whether an apostille or consular legalisation is needed
• Avoid corrections, cover-ups and typos in the original
• Clarify the receiving party's requirements in advance
• Tell the notary straight away which country the document is being prepared for

Document legalisation and apostille centre: how to choose a provider

You can arrange the preparation of a document for another country without travelling to Astana or abroad in person: the provider receives the originals or notarised copies, submits them to the relevant authority itself and returns the finished document. The service involves arranging an apostille or consular legalisation depending on the destination country, so in the first conversation it is important that you are asked exactly where the document will go, rather than being offered one universal option.

Check whether the provider offers courier delivery and works with documents from other cities and countries. This is especially convenient if some of the documents are outside Kazakhstan — the provider arranges forwarding and submission without the client having to be present in another city or country.

• They clarify the destination country and the type of legalisation before submission.
• They provide a written list of documents and requirements.
• They return the originals and confirm the document is ready.
• They work with documents from other cities and countries.
• They show who submits the document and where.

Document legalisation: what changes when documents are needed urgently

When documents are needed urgently, the plan of action does not change, but there is no time left for mistakes. First, check with the recipient in the other country which form of confirmation they will accept: an apostille or consular legalisation, whether a translation is needed and who certifies it. Then gather the originals and check that all signatures and seals on them are valid and that there are no discrepancies in the spelling of surnames and names.

Only give the translation to someone who has the right to certify it for official use abroad, otherwise the document will be sent back once it is there. Bear in mind that the timeframes for legalisation depend on the type of document and the country it is intended for, so allow a margin for return and resubmission. If time is tight, start with the document without which the recipient will not accept the whole package.

• Check the form of legalisation and the translation requirements with the recipient
• Check the originals: signatures, seals, no corrections
• Have the translation certified by someone who has the right to do so
• Book time with a margin for possible delays

Before certifying and translating a document, find out the exact requirements of the receiving party: which papers exactly, in what form and with what type of certification it will accept. A requirement for “just an apostille” in practice almost always comes with details attached.