Difference Between Apostille and Attestation in India: A Legalization Guide

Apostille and attestation are two terms that are relevant to legalization of documents for international use. Though both apostille and attestation are means of authenticating documents, their legal acceptance varies depending on the target country. It is a mandatory requirement for students, professionals and businesses dealing with international documentation.

In this detailed guide, we will explain the major differences between apostille and attestation, when and where they are required, the process involved in each one, and how to decide which one you need to get.

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What is an Apostille?

Apostille is a simplified certification to legalize foreign documents which came into effect after the Hague Apostille Convention of 1961. Thus, among members of the Hague Apostille Convention an apostille is the only requirement to authenticate foreign public documents. Thus, there is no further requirement for embassy attestation and it made the legalization procedure hassle free.

When is an Apostille Required?

An apostille is required on your documents when you need to submit them in a Hague country. Following are the situations when an apostille is required:

Studying Abroad
Work Visa
Marriage
Immigration
Business Expansion

Countries Accepting Apostille

Apostille is accepted by countries that have joined the Hague Apostille convention. There are around 120 member countries at present. Some of the Hague member countries are given below:

United States
United kingdom
Australia
France
Germany
Italy
Spain

Check out here for the list of all hague member countries: Hague Countries List

Apostille Process

The process of obtaining an apostille varies depending on the country. In India apostille is obtained from the ministry of external affairs located in Delhi. However, the document needs to be authenticated and attested before submitting to the MEA. Based on the authority involved in the authentication process, there are two methods to obtain an apostille in India. They are:

Step by Step Process for Obtaining an Apostille

As mentioned above there are two methods to obtain an apostille in India. The only difference in both methods is in the authority carrying out authentication and attestation. Document apostille obtained after following state and SDM authentication are equally valid in a Hague country. However, some countries may mandate obtaining state authentication, especially for educational documents.

Given below are the steps to obtain an apostille in India:

Notarization: This is a common step for state and SDM authentication methods. Here, a public notary verifies and signs on the document.
SDM/State Attestation: In this step your documents are either submitted to the state department or to the SDM. The state departments involved are home(personal documents) and HRD(educational documents). If you are following the SDM method, the Sub divisional magistrate will verify and attest documents within 3 to 4 working days.

However, if you want to follow the state attestation method, it may take time. This is because the state department will verify the authenticity of the sign and seal on the document at the origin of the document.

3. MEA Apostille: Your documents will be submitted at the ministry of external affairs after attestation from SDM/State department. The MEA also conducts a final round of verification. Then, attest your documents with an apostille stamp on the backside.

Apostille for Commercial Documents: Process

Apostille for commercial documents are required when you need to submit your commercial documents to a Hague country to start a business, or expand an existing business. Following are the steps to get a commercial document apostille:

notarization(not mandatory)
SDM/State attestation
MEA apostille

What is Attestation?

Attestation is a multiple step document authentication process to legalize documents for non Hague countries. This process involves steps such as notary, state level attestation and attestation from the embassy of the destination country.

When Do You Need an Attestation?

An attestation is required for the following purposes:

To work in a middle east country such as Qatar, Kuwait and UAE or any other non Hague country.
For higher education in a non Hague country
For non Hague country immigration purposes

Countries that Require Attestation

Countries that are not part of the Hague convention require documents with an attestation from the embassy to legalize them. Following are the countries that usually require an attestation:

Qatar
UAE
Kuwait
Malaysia
Thailand
Egypt
Vietnam

Attestation Process

Attestation for non Hague countries involves following steps:

Notarization: Document is attested by a public notary.
SDM/State Attestation: Document is either attested by the state department or SDM depending on the requirement of your destination country.
MEA Attestation: Ministry of external affairs, India attest the document.
Embassy Attestation: Embassy of your destination country located in India attest your document.
Ministry of Foreign Affairs (MoFA) Attestation: It is required for some countries. Not a mandatory step for all non Hague countries. Check with authority from your destination country to understand the requirement.

Attestation for Commercial Documents: Process

Attestation for commercial documents is required when you need to submit commercial documents to a non Hague country. Commonly required commercial documents such as business agreements, power of attorney require an attestation from chamber of commerce. Following are the steps to get an attestation for commercial documents in India:

Notarization: This step is mandatory for only affidavits and power of attorney.
Chamber of Commerce Attestation: Chamber of commerce is a business network connecting businesses. COC will attest commercial documents after verification.
MEA Attestation: Ministry of external affairs attest your commercial documents in this step.
Embassy Attestation: in this step your documents are submitted to the embassy of the destination country located in India. For most of the non Hague countries, this is the final step of attestation.
Ministry of Foreign Affairs Attestation: This step is required only for certain countries. Check with the authorities to know the requirements.

Documents that Require an Apostille and Attestation

Depending on the country and purpose of your visit you may need to get attestation or apostille for various documents. Given below are some of the documents that usually require apostille/attestation:

Personal Documents

Educational Documents

Commercial Documents

Key Differences Between Apostille and Attestation

The major difference between apostille and attestation lies in the countries that accept apostille and attestation. Hague countries accept apostille and non Hague countries accept attestation. Let us explore the difference between apostille and attestation in detail with the help of the table given below:

Feature	Apostille	Attestation
Applicable Countries	Hague Countries	Non Hague Countries
Legal Framework	Hague Convention 1961	Bilateral Agreement between countries
Processing Time	Fast (within days)	Slow(weeks or more)
Requirement of further legalization	No further legalization needed	Embassy Attestation is mandatory and MoFA attestation required in some cases.
Cost	Usually lower	Costlier
Process	Fewer steps	Multiple steps

Apostille Vs. Attestation: Which one You Need?

The choice between apostille and attestation is simple and straightforward. An apostille is required in the following situation:

If both document issued country and accepting country are Hague apostille country.

On the other hand an attestation is required in any one of the following situations:

If both destination country and documents issued country are non apostille countries.
If the document was issued in a non Hague country.
If the country where you are submitting the document is a non hague country.

Document Attestation and Apostille : Challenges

Since attestation and apostille on your documents are required for your visa application process for work, study and business purpose, timely submission of attested/apostilled document is a requirement. However, there are certain challenges to obtain an apostille faster and securely. They are:

Processing delays: There may be delays in processing your document at each level of verification and attestation. Consider hiring professionals to process your documents fastly at each step.

Rejection During Attestation: Some documents may be rejected by the verifying authorities such as MEA or SDM. Possible reasons are mismatch in the details, or not translating documents into English, or submission of copies that are not clear. Your service provider will help you submit the documents as per the requirements.

Rejection at the Destination: Your destination country may reject your document with an attestation/apostille because of the following reasons:

They mandate obtaining an attestation from the state department. However, you attested documents with SDM attestation.
English is not one of the official languages of the destination country and you did not translate apostille into their official language.
The destination country requires a particular type of translation such as sworn or certified translation but you obtained an ordinary translation.
The destination country mandates getting an attestation/apostille on the original document.But you obtained an apostille on the photocopy.
Destination Country specified obtaining an attestation/apostille not older than six months or one year. However, you submitted an older attestation/apostille.
Your destination country is a non Hague country and you submitted a document with an apostille instead of embassy attestation.

How to Apply for Apostille and Attestation

Fill the Apostille/Attestation Application form
Specify whether you need apostille or attestation
Specify translation requirements
Submit your original documents that need to be attested/apostilled
Provide supportive documents such as passport copy.

Translation for Apostille and Attestation

Translation is an additional service usually required for people who are seeking apostille and attestation. Translation may be required either before or after obtaining an attestation/apostille. If the original document that needs an attestation/apostille is not in English, you need to translate it into English before submitting it for apostille. This is mandatory because MEA provides attestation/apostille on documents in English only.

Moreover, if you are submitting your documents to a country where English is not the official language, then translating the apostille into their official language is mandatory. There are two types of translations available for international languages namely sworn and certified.

Sworn translation is done by people who are sworn before court as a translator. Countries such as Spain mandates obtaining a Spanish Sworn translation of your apostille/attestation. Another kind of translation is known as certified translation which is done by agencies authorized to do that. Depending on the destination country requirement, you need to get either certified or sworn translation of your document apostille/attestation.

Conclusion

Apostille and attestation are important legalization processes for validating personal, educational, and commercial documents to use in a foreign country. Apostille simplifies the legalization process for Hague countries, while attestation remains mandatory for non Hague countries.

Understanding the differences between apostille and attestation makes your employment, study or business abroad application easier and hassle free. Always verify the specific requirements from the authority and take the help of professional attestation and apostille services for a smoother experience.

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Frequently asked questions

Is document apostille accepted in Dubai?

No. The United Arab Emirates is not a member of the Hague Apostille convention. Thus, Dubai will not accept an apostille. Instead you need to get attestation from UAE embassy in India after MEA India attestation.

Is notarization mandatory before attestation/apostille?

Sometimes. Notarization is not a mandatory requirement for attestation and apostille. However, for affidavits attestation/apostille, notary attestation is compulsory.

Why was my apostille/attestation rejected?

Mismatched signature
Missing initial level of attestation from state/SDM
Attestation/apostille on photocopy instead of original
Submitted without translation in a country where English is not official language

How long does the attestation process take?

Attestation is a multiple step process involving various authorities. It may take several takes to finish the process. Thus it is always advisable to prepare beforehand.

Can I use an apostilled document in a non-Hague Convention country?

No. Non Hague countries require embassy attestation to legalize foreign documents. Thus, those countries will not accept documents with an apostille as a valid legal document.

Who issues the apostille certificate in India?

In India apostille certificate/stamp is issued by the ministry of external affairs located in Delhi alone.

Do commercial documents require a different process for apostille or attestation?

Yes. Most of the commercial documents require an attestation from chamber of commerce before submitting it for apostille at the MEA.