Schmidt & Schmidt covers the full spectrum of legalization services for documents issued in Guernsey.
Guernsey joined the Hague Convention on the Simplified Authentication of Documents together with the United Kingdom, on 21 August 1964; the Convention entered into force on 24 January 1965 .
The apostille, or the “Hague apostille” is a certificate that authenticates the origin of a public document (e.g., a birth, marriage or death certificate, a judgment, an extract of a register or a notarial attestation). It confirms the authenticity of the signature and the authority of an official who signed the public document.
Since February 1, 2020, Guernsey, together with the United Kingdom, is no longer an EU Member State. According to the withdrawal agreement, the documents from Guernsey must be certified for use in the EU with an Apostille.
Documents issued in Guernsey are certified with an apostille in accordance with the Hague Convention of 1961 are recognized in all Member States of the Hague Convention and do not require any other form of certification, such as consular legalization, which considerably reduces the costs and time required for the certification of documents. So far, more than 120 states have joined the Convention.
The apostille is not sufficient for use in the states that are not party to the Hague Convention. In this case, consular legalization applies to a public document.
The Convention can normally be applied to the countries that the United Kingdom submitted declarations about, i.e. in most cases - the rules apply to its overseas territories like Anguilla, Bahamas, Botswana Botswana, Falkland Islands, Gibraltar, and Guernsey.
Designated Competent Apostille Authorities in Guernsey
Currently, the authority to issue an apostille for documents lies within the Greffe, on behalf of the Lieutenant-Governor. Initially, he was the one responsible for authorizing official documents, at Government House in Guernsey. Subsequently, in 1999, the Government House further delegated this responsibility for the legalization process to the Office of HM Greffier at the Royal Court.
The Greffe will carefully examine the document to verify if the signatures, stamps, or seals align with their own records. If they are confirmed to be authentic, the document will be legalized by affixing an 'apostille' (an officially stamped certificate).
The apostille in Guersney is a square stamp in English with the obligatory heading "Apostille" and a reference to the 1961 Hague Convention in French (Convention de La Haye du 5 octobre 1961). The apostille certificate’s sides will be at least 9 centimeters long.
Types of documents
| Can be apostillized | Cannot be apostillized |
|---|---|
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Specific aspects and document requirements for the apostille in Guernsey
Guernsey is among the 120 countries that recognize and issue apostilles in accordance with the Hague Convention of 5 October 1961. The apostille serves as a confirmation of the official status of a document.
The apostille process can vary depending on the sender and recipient country, but typically to obtain an apostille for a document in Guernsey, you must go through the following steps:
- Obtaining the original document to be apostilled;
- Verification of the signature on the document by the authorized body;
- Issuance of an apostille on a document by an authorized body;
- Submission of the document together with the apostille in the recipient country.
This process can be time-consuming, especially if it includes multiple documents and different countries. To ensure a smooth and accurate apostille process, it is recommended to seek guidance from specialists familiar with the requirements and procedures. Their expertise can help avoid delays and errors in obtaining documents apostille.
Document requirements that might apply:
- The document must be an original or a certified copy issued by the competent authority.
- The document should contain all relevant and accurate information.
- The document must be in the official language of the issuing country or translated into the official language of the country where the apostille is sought.
- The apostille must be affixed by the designated competent authority in accordance with regulations.
The apostille is issued in a uniform format. In Guernsey, it has the form of a printed sticker with a handwritten signature of an official, an official seal, and a hologram.
In cases where apostilles are not recognized, holders of foreign documents will need to legalize them instead. However, If the country of destination of the document recognizes and issues apostilles, then legalization is unnecessary.
Legalization of Guernsey educational documents for use abroad
For educational documents issued in Guernsey, such as school reports, university degree certificates, transcripts of records, enrollment certificates, and other school or university certificates, to be recognized and valid abroad, they must undergo an authentication process through legalization. It is worth pointing out that documents from Guernsey cannot be legalized in the UK - instead, they should undergo the certification process in the relevant body responsible for that.
For instance, Guernsey educational documents requiring legalization need to bear the endorsement of a Notary Public or another recognized signatory. These documents should then be submitted to the Office of HM Greffier in order to be legalized, along with a duly completed request form. The submission should also include adequate payment to cover the associated service fees and any applicable postal charges.
The cost for legalizing a document amounts to £40.00 per apostille issued. Payments can be made using cash or cheque, with cheques made payable to the States of Guernsey. Alternatively, credit or debit card payments can be made directly at the Greffe.
While a specific processing time cannot be guaranteed, it is typically the case that most documents are ready for collection within 24 hours from the time of application. Additionally, there is a premium service available in case urgent legalization is required.
If you prefer to apply by post, you can also do so by sending your application to the Greffe. Such applications must include the relevant document, the completed request form, and payment of the £40.00 fee. Postal applications include a £5.00 surcharge to cover the safe and secure recorded delivery of your completed documents.
Recognition of the authenticity of public documents within the EU
Together with the UK, Guersney has concluded the following international agreements:
Contracting states of the Vienna CIEC Convention of 08.09.1976 (issuance of multilingual extracts from civil status registers: birth, marriage, and death certificate) are:
- Austria, Germany, Bosnia-Herzegovina, Bulgaria, Estonia, France, Italy, Cape Verde, Cyprus , Lithuania, Luxembourg, Macedonia, Moldova, Montenegro, Netherlands, Poland, Portugal, Romania, Switzerland, Serbia, Slovenia, Spain, Turkey.
Regulation on public documents (EU) 2016/1191 of 6 July 2016
Furthermore, Regulation (EU) 2016/1191 of 6 July 2016 on public documents simplifies the circulation of certain public documents that must be presented in an EU Member State and have been issued in another EU Member State, thus exempting public documents from the confirmation of authenticity with the Apostille with the aim of reducing administrative burden and costs for citizens.
Consular legalization of Guernsey documents for use abroad
Consular legalization is the process of authenticating or certifying a legal document so a foreign country's legal system will recognize it as with full legal effect that is carried out by the diplomatic or consular mission of the country in which the document is to be used.
This procedure is required when the destination country does not recognize or accept the apostille certification. One needs to submit the original document, along with any required copies or supporting materials, to the respective consular office. The consular officials will review the document, verify its authenticity, and affix their seal or stamp to certify its validity.
The consular legalization process may require additional steps like obtaining translations of the document into the language of the destination country or providing additional supporting documentation as requested by the consular office.
It is up to the diplomatic mission to decide about the authentication procedure
The specific requirements and procedures for consular legalization may vary depending on the regulations of the destination country.
The main differences between an apostille and consular legalization of documents
The common feature between apostille and consular legalization is that they authenticate an official document for presentation to institutions in another country. However, they have many differences.
| Apostille | Consular legalization | |
|---|---|---|
| Legal effect | Can be used in all countries that are party to the Hague Convention on the Simplified Legalization of Documents. | Use between States one or both of which is not a member of the Hague Convention, or where one of the contracting States has protested the accession of the other. |
| Difficulty | Moderate. To obtain an apostille, contact the competent apostille authority of the state of origin of the document. | High. For consular legalization, various inland authorities and a diplomatic mission of the state of destination must be involved. |
| Pre-certification | Usually not required. | Is obligatory. |
| Attestation at the state of destination embassy in the state of origin of the document | No need to contact the Consulate of the country of destination. | Is the final step of legalization. |
Apostille and consular legalization in all cities of Guernsey
Schmidt & Schmidt provides apostille and consular legalization services for public documents originating from all regions across Guernsey. We handle the entire process, from document review to obtaining the necessary certifications, ensuring that your documents are valid and recognized internationally. With our reliable services, you can confidently use your Guernsey public documents abroad.
Procurement of documents from Guernsey
If the important documents are lost or damaged, or current copies of the documents are needed, the re-issue of the documents is required. It is not unusual for people outside Guernsey to encounter difficulties with obtaining new documents when abroad. Our consultants will help you procure new documents from Guernsey remotely, and we can arrange for your documents to be sent by courier anywhere in the world.
Certified translation of documents from Guernsey
Copies and transcripts of civil status documents can be translated into any language by a sworn translator in Guernsey or the translation can be done in the country of destination. We offer certified translations of civil status documents with further certification. The cost of the work is calculated according to the volume of the document in question.
Does the translation have to be apostillized?
Any foreign document issued in one country and used in another country must be legalized for use abroad. Therefore, the authenticity of a certified translation from Guernsey needs to be certified by an apostille. Consequently, many authorities may not accept certified translations from Guernsey if the translation has not been properly authenticated in Guernsey for use abroad. To avoid this confusion, translations should better be made in the state of the destination of the document.
