As part of the immigration process, South African citizens are often faced with the need to legalise or apostille documents such as diplomas, marriage and birth certificates, or obtain police clearance certificates in order to secure work or residence visas in a foreign country. In an increasingly globalised world, the need for official documents to be legally recognised across borders has become paramount. Whether it’s for personal reasons such as expatriation or professional necessities such as expanding a business overseas, the process of document legalisation plays a vital role in validating the authenticity of various certificates, including those relating to birth, marriage and more.
The complexity of these processes and the time constraints can be overwhelming, potentially leading to stress or panic. In this blog, we will discuss key concepts of document legalisation in South Africa to help you navigate the initial challenges when planning your next move.
Apostille certification: Apostille certification is available to a number of countries that are signatories to the Hague Convention of 1961, including South Africa. This international treaty allows for streamlined legalisation by means of an Apostille certificate issued by DIRCO in Pretoria, thereby eliminating the lengthy embassy legalisation requirements for foreign public documents to be used in signatory countries. In this way, it may be possible to benefit from a single certification process when using documents in your destination country and other signatory countries. Under the 1961 Convention, an Apostille can be used to certify the authenticity of all types of public and official documents for use in a participating country, rather than a lengthy chain of certifications that can be time consuming and costly.
Embassy legalisation: Countries that are not part of the Hague Convention don’t recognise apostilles. Instead, they have their own legalisation process, commonly known as embassy legalisation, which is a longer and far more complex way of certifying a document. It typically involves a number of certification steps by various government agencies and foreign embassies, often including obtaining an authentication certificate, but there are other important processes that must be followed, such as notarisation, before being approved by the relevant consular officials. It is not uncommon for some countries to use certain terms interchangeably, including “apostille certification” and “legalisation”, so you must ensure that you comply with the correct legal requirements for the destination country. Embassy legalisation is one of the key concepts of document legalisation in South Africa
Document notarisation: Notarisation is the process of certifying a document by a notary public. A Notary is an internationally recognised legal professional who is authorised to certify the authenticity of certain documents and signatures on those documents, primarily for use overseas. The facts contained in a document bearing an impressed seal and a notary’s signature are treated as evidence of a responsible legal officer and are therefore universally recognised and accepted. However, obtaining a notary certification together with a Notary Signature may only be the very first stage of a much longer certification or legalisation process, including Apostille certification and/or Embassy legalisation.
Originals vs. Copies: It is understandable that people are protective of their personal, academic and other vital documents and do not wish them to be marked or stamped for any reason. Unfortunately, in South Africa, The Department of International Relation and Cooperation (DIRCO) will only legalise or apostille original documents, not copies. For this reason, it is not advisable to laminate or frame your documents since they may need legalisation, and delamination or de-framing can damage them.
Age of documents and apostille validity: In South Africa, most documents and academic certificates can be legalised, but many countries will only accept documents issued within the last three or six months for immigration purposes. Even if the applicant has the original documents, they may be invalid for immigration purposes due to the age of the documents and new documents will need to be obtained. With regard to apostille certificates, the Hague Convention, which governs the legalisation of documents by means of an apostille, does not specify a period of validity. It is therefore assumed that the apostille is valid for the same period as the document itself. If the document does not indicate the period of validity, it is considered to be indefinite.
DIRCO : DIRCO stands for the Department of International Relations and Cooperation. It is responsible for South Africa’s relations with foreign countries and international organisations, and manages South Africa’s diplomatic missions. DIRCO is one of the government bodies that issues apostilles in South Africa and is located in Pretoria. DIRCO is an essential part of the key concepts of document legalisation in South Africa
Translation: In this world where there are many different languages, the language of your documents might not be accepted in the place where you are sending them to. It is always best to work backwards and check if translations are acceptable. If so, can translations alone be legalised, or must both the original and translated copies be legalised? If the document is written in multiple languages and one of them is acceptable in the country you are sending it to, that is usually enough.
Police Clearance Certificates: In many countries, visa applicants are required to secure police clearance certificates for security reasons hence it is one of the most apostilled document. There are a number of options and avenues available to obtain Police clearance However, the official option remains SAPS365 South African Police Clearance, issued only by the Criminal Record & Crime Scene Management Centre (CR & CSMC in Pretoria). To apply for a SAPS365, you are required to submit your original fingerprint form, a SAPS application form, along with copies of your identification forms.
These documents undergo a rigorous process of preparation, registration, scanning, crosschecking, printing, and signing off. Following the authorisation of the certificate by an authorised SAPS official, it is then dispatched to the client service centre, where the applicant can collect it. Please note that this process can take weeks or months due to the level of detail involved and the high volume of applications received by the CRC each week..
Global Apostille at Your Service!
Global Apostille can help you obtain an apostille for your South African documents. Our express DIRCO apostille service ensure a seamless process, providing quality apostille certificates promptly. With the experience and skills we have accumulated over the years, through providing numerous South Africans with nothing else but quality apostille documents, we guarantee you that you will not regret choosing our services. In addition to our apostille service, we also provide same-day translation services catering to diverse linguistic needs. For more information, contact us at 012 348 3134, 081 347 6060, or email info@apostillelegalisation.co.za