An UK apostille refers to a certificate issued to verify the signatures presented on an official UK document.
Examples why you may need an apostille are:
- You want to travel to another country
- You are getting married in another country
- You are planning to start a business in another country.
- You want to study in a different country.
Many customers who contact our office are frustrated to learn that their document was rejected by the Foreign and Commonwealth Office. Documents that are rejected are returned by the FCO apostille with a standard letter stating the reasons why the document is not suitable.
It’s worth repeating that the FCDO is strict in their inspections and will return your document without an apostille if it doesn't conform to all requirements.
The FCDO used to attempt to contact signatory directly with a request for signature verification. However, until further notice, they won't be doing so. It is now up to signatory to submit their signature verification directly the FCDO.
The FCDO send a memorandum to all apostille agents that read:
“We have reviewed the feasibility of our current operations today in the light of increasing volumes across the service and the resourcing available to us.
We regret, we will not be able to complete signature queries on Business applications for the foreseeable future. Any document with a signature query will be rejected and refunded, with advice issued for the document holder on how to have the signature verified.
If you have a birth, death or marriage certificate come back as a query, please ask the customer to obtain a certified copy from the General Register Office www.gro.gov.uk, this will then be issued with a GRO seal.
If you are able to seek the signature verification, please ask the signatory to email from a business address to the FCDO. (We will provide the email address if a document is rejected) please ask them to reply using the following format in the subject line: Signature Verification - date application made/company application made through/name of signatory.
They will need in include a scan of their original wet ink signature and/or seal, the capacity in which they have signed under, their official membership number i.e. SRA, GMC. We are unable to accept electronic signatures at this time.”
This article will discuss some common reasons that documents are returned to the FCO and also other Hague Member Countries legalisation teams.
1. The origin cannot be verified.
That is if the apostille contains particulars that vary from those registered and issued to the apostille by the FCDO.
In this case, the competent authority can refer you as the applicant to an authority that can certify the authenticity of the document.
2. State of Origin and state of destination are not a part of the Hague Convention.
If the state of origin and the state of destination are not a part of the convention or are In the process of becoming a part of The Hague convention, then the Apostille cannot be considered valid.
You can confirm if a state is part of the Hague convention through the following link;
http://www.hcch.net/index_en.php?act=conventions.status&cid=41
3. If the formal components are different from the model apostille appended to the Hague convention.
An apostille should be very similar to that of the model certificate.
This however does not include size, colour, or design as this varies and should therefore not be a reason for an apostille rejection.
4. If any standard information is missing.
In an apostille the standard information includes:
- The Country of issue.
- The name of whoever signed the document.
- The capacity in which the person signed the document.
- Details of any seal or stamp on the document.
- Place of issue.
- The date of issue.
- The identity of the Issuing authority.
- The apostille certificate number.
- The seal or stamp of the organization issuing the apostille.
- The official apostille stamp.
If any of the above is missing, then an apostille can be rejected. Also if Numbered pages and attachments are missing the Apostille is going to be rejected.
5. Use of Incorrect Certification
Missing public documents for legalization or the use of incorrect certification can lead to an apostille being rejected.
6. The Document is not a Public Document
An apostille will be rejected if the public document is from a foreign country.
In this case, the FCDO may refer you to a notary to find out if the document can be notarized.
7. If the Apostille was not issued by a Competent Authority
An apostille will be rejected if, the solicitor certification, signatory or registrar is not registered within the FCDOs database. In case this happens, the territory unit in which the document was issued should refer you to the right competent authority.
8. If the Documents are laminated
The FCDO legalizes documents that are Original and not glued or laminated.
9. The Notary Public has not sealed the Document
For an apostille to be authentic, it has to contain a seal from the notary public.
10. Altered Apostilles
If the documents contain any fraudulent information or contain unknown seals that are unverifiable, the apostille will be rejected.
This will also apply in case the documents are covered with anything that may prevent them from being stamped.
11. If the Signatures, Seal or Stamp on the Documents don't match the sample
Having different signatures or misspelt names in the document will lead to an apostille being rejected.
In case this happens, the competent authority should contact the office that issued the document to verify its origin.
12. If an Apostille is not attached to a Document
In case the apostille detaches from the underlying public document it will be rejected.
Also, important to note is that an apostille cannot be rejected under the following circumstances:
- If the files are attached differently from the state of destination.
- In case the apostille has no frame or if it contains different measurements.
- If the apostille has a different shape or is not square-shaped.
- If there are any extra writings other than what is in the standard information.
- If it is old, apostilles have no time limit and can therefore be valid as long as it is identifiable, in this case however a background check can be conducted before issuance.
- If it is an e-apostille or if it was issued electronically and contains an electronic signature.
- If it has not been translated. The apostille is written in the official language of the competent authority.
References / Sources:
https://assets.hcch.net/docs/ff5ad106-3573-495b-be94-7d66b7da7721.pdf (Page 95)
https://apostillelondon.com/document-legalisation/documents-the-fcdo-can-legalise/
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