Legalization vs. Apostille: Authenticating Documents for International Use
Moving to a new country can be a daunting task. Along with the challenges of packing, booking flights, finding a new home and job, and possibly learning a new language, there’s also the crucial aspect of obtaining legal residency. A key requirement for residency in Costa Rica is submitting documents, such as a birth certificate and police records, which may vary based on your residency category and personal circumstances.
However, these documents need to be authenticated by the Immigration Department, meaning they must be verified as legitimate and genuine. This is where legalization and apostille come into play.
Legalization: Authentication Process
Legalization involves multiple steps to authenticate a document for use in another country. First, the document must be obtained and then authenticated by a local authority in the country of origin. Next, it needs to be recognized by the Costa Rican consulate in that same country. Finally, the document must be authenticated by the Costa Rican Department of Foreign Relations in San Jose.
For example, suppose you possess a Canadian birth certificate and wish to use it for legal procedures in Costa Rica. In that case, you must send it to the Costa Rican consulate in Ottawa. From there, the document will go through the authentication process at the Costa Rican Department of Foreign Affairs in San Jose.
The steps outlined above are specific to the Canada-Costa Rica situation, and additional requirements may apply depending on the country of origin and the document itself. For instance, college diplomas and court judgments might require further steps like notarization.
Apostilles: Simplifying the Authentication Process
Traditionally, all countries demanded the legalization process to validate documents from foreign countries. However, on October 5th, 1961, a group of nations gathered in The Hague, Netherlands (commonly referred to as Holland). The objective was to simplify the authentication process for documents to be used abroad. This gathering resulted in The Hague Convention of the Apostille.
It’s important to note that the Hague Convention only applies to countries that have signed the treaty. Other countries still follow the legalization method, as is the case with Canada. You can find a list of countries that are members of the Apostille Convention by clicking here.
While Costa Rica previously relied on the legalization process, it adopted the apostille system in March 2012. However, it’s crucial to understand that legalizing foreign documents is still required, but only if they originate from countries not members of the convention. For instance, since the United States is a member of the treaty, documents from the US do not require legalization. Instead, documents from the US to be used in Costa Rica (or any other member of the apostille convention) need to be apostilled.
Issuing Apostilles: The Responsible Authority
In the case of US documents, the apostille is issued by the Secretary of State in the state where the document originated. For example, if your document was issued in California, the Secretary of State of California will apostille it. Similarly, documents from New York will be apostilled by the Secretary of State of New York. In the case of federal government documents, such as an FBI background check, the Secretary of State of the United States will issue the apostille.
Each state may have rules and processes for issuing apostilles depending on the document. For instance, if you possess a birth certificate from Texas, you can send it to the Secretary of State of Texas to obtain the apostille. However, if your birth certificate is from New York, it must be certified before obtaining the apostille.
Expiration Date of Documents
Regarding immigration to Costa Rica, foreign documents are only considered valid for six months. Previously, the Immigration Department allowed certain documents, such as birth certificates and divorce decrees, to be older than six months. However, they have since changed their policy. According to Section 10 of the Immigration Regulations Decree Nº 37112-G, all documents must be issued within six months before filing to be valid for immigration purposes.
For the naturalization process, which involves obtaining citizenship in Costa Rica, the birth certificate does not expire. However, the background check is only valid for three months.
It’s important to note that the clock starts ticking on the expiration date from the day the original document was issued, not the date of apostille or legalization.
Understanding Document Validity
You may wonder why a birth certificate could be considered expired when you are alive and well. In Costa Rica, some specific rules and requirements may seem peculiar. Common sense doesn’t always prevail, and it’s crucial to understand and abide by the regulations.
While the information provided here is intended to be helpful, please remember that it specifically pertains to documents used in Costa Rica and focuses on examples from the United States and Canada. Other countries may have additional requirements and processes that must be considered.
Conclusion
Moving to a new country involves navigating various legal procedures, and ensuring your documents are properly authenticated is an essential step. Whether through the legalization process or obtaining an apostille, following the correct method will help you establish legal residency in Costa Rica. Understanding the differences and requirements will save you time, effort, and potential complications.
-Written by Glenn Tellier (Founder of CRIE and Grupo Gap).
Frequently Asked Questions
What types of documents can be authenticated and apostilled in Costa Rica?
Any document notarized in Costa Rica, including birth certificates, marriage certificates, educational diplomas, and business documents, can be authenticated and apostilled in Costa Rica.
How long does it take to get a document authenticated and apostilled in Costa Rica?
The document authentication and apostille process in Costa Rica usually takes 5-10 business days, depending on the document type and the volume of requests.
Can I authenticate and apostille my documents myself?
No, the document authentication and apostille process in Costa Rica must be done by a designated authority, such as the Costa Rican Ministry of Foreign Affairs or a registered service provider.
Do I need to speak Spanish to get my documents authenticated and apostilled in Costa Rica?
While it is helpful to speak Spanish, getting your documents authenticated and apostilled in Costa Rica is not required. Many service providers and government agencies have English-speaking staff who can assist you.
How much does it cost to get a document authenticated and apostilled in Costa Rica?
The cost of document authentication and apostille in Costa Rica varies depending on the document type, the volume of requests, and the service provider. Checking with the designated authority or service provider for the most up-to-date pricing is recommended.
Can I use an apostilled document in any country?
Apostilled documents can only be used in countries parties to the Hague Convention. If the country where you plan to use the document is not a party to the Hague Convention, you may need to undergo additional authentication and legalization processes.
Can I get my documents authenticated and apostilled if I am not in Costa Rica?
Yes, you can use a registered service provider to get your documents authenticated and apostilled in Costa Rica, even if you are not physically present in the country.
What happens if my document is rejected during the authentication and apostille process?
Suppose your document is rejected during the authentication and apostille process. In that case, the designated authority or service provider will inform you of the reason for the rejection and what steps you can take to correct the issue. This may involve obtaining additional documents or providing additional information.
Is authentication different from apostille?
Yes, authentication and apostille are two different methods of verifying the authenticity of a document for use in another country. Authentication involves a more complex process, while an apostille is a simplified method of authentication.
Is Costa Rica an apostille country?
Yes, Costa Rica is a member of the Apostille Convention. Therefore, documents from countries that are also members of the convention can be apostilled for use in Costa Rica.
What does apostille authenticated mean?
When a document is apostille authenticated, it means that it has been verified and certified by the appropriate authority in the country of origin, following the rules and procedures outlined in the Apostille Convention. This authentication ensures the document’s validity and acceptance in other member countries.
How do I notarize a document in Costa Rica?
In Costa Rica, the process of notarizing a document involves obtaining a notary’s services. A notary public in Costa Rica is authorized to certify the authenticity of signatures and documents. Simply visit a licensed notary public in Costa Rica to have your document notarized.
How do I get an apostille in Costa Rica?
If you need to obtain an apostille in Costa Rica for a document issued in the country, you should contact the Costa Rican Department of Foreign Affairs (Ministerio de Relaciones Exteriores y Culto). They will guide you through the process and provide the necessary instructions to obtain the apostille.
Can an apostille be used in multiple countries?
Yes, an apostille can be used in multiple countries that are members of the Apostille Convention. As long as the destination country is a member of the convention, the apostille authentication will be recognized and accepted.
How much does it cost to get an Apostille?
The cost of obtaining an apostille varies depending on the country and the document in question. It’s recommended to contact the relevant authority or consulate in your country of origin, or the Costa Rican Department of Foreign Affairs, to inquire about the specific fees associated with obtaining an apostille.
How do you authenticate a document?
The process of authenticating a document involves verifying its legitimacy and ensuring it is recognized by the appropriate authorities. This can be done through either the legalization process or obtaining an apostille, depending on the requirements of the country where the document will be used.
Is authenticity the same as authentication?
No, authenticity and authentication are not the same. Authenticity refers to the genuine nature of a document, while authentication is the process of verifying and certifying that authenticity through legal procedures.
How do you authenticate and authorize?
To authenticate and authorize a document, you need to go through the necessary procedures to verify its authenticity and obtain the required certifications or legal endorsements. This can involve notarization, authentication by relevant authorities, or obtaining an apostille, depending on the specific requirements of the country where the document will be used.
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Article by Glenn Tellier (Founder of CRIE and Grupo Gap)