Getting an apostille should be straightforward, but mistakes in preparation can cause delays, rejections, and frustration. This guide identifies the most common errors people make when seeking an apostille in Ireland and explains how to avoid them.
Mistake 1: Submitting Photocopies Instead of Originals
The Department of Foreign Affairs cannot apostille a photocopy. The document must bear the original signature, seal, or stamp of the issuing authority or notary. If you need a copy of a document apostilled, you must first have a notary certify it as a true copy — the notary’s original seal and signature on the certified copy then becomes the basis for the apostille.
Mistake 2: Not Getting Documents Notarised First
Private documents (contracts, powers of attorney, personal declarations) require notarisation before they can receive an apostille. The apostille is placed on the notary’s seal and signature, not on the private document itself. Without notarisation, the DFA has nothing to verify.
Mistake 3: Using a Notary Whose Seal Is Not Registered
Every notary’s seal must be registered with the DFA. If you use a notary whose seal is not on file, the DFA will be unable to verify it and will reject the application. Always use an established, practising notary public who is a member of the Faculty of Notaries Public in Ireland.
Mistake 4: Confusing Apostille with Legalisation
If your document is going to a country that is NOT a member of the Hague Convention, you need consular legalisation, not an apostille. Check the membership list before applying.
Mistake 5: Not Allowing Enough Time
While walk-in applications in Dublin can be processed same-day, postal applications take 5–10 working days. Add postal transit time both ways, and you could be looking at 2–3 weeks. Don’t leave it to the last minute.
Mistake 6: Forgetting Translation Requirements
The apostille itself is in a standardised format, but the receiving country may require a certified translation of the underlying document. Check the destination country’s requirements before submitting your apostille application.
Mistake 7: Not Including Return Postage
For postal applications, failing to include a pre-paid return envelope can cause significant delays. Use registered post for security.
Mistake 8: Wrong Document for the Purpose
Sometimes people have the wrong type of document notarised. For example, a receiving authority may require a certified copy of a degree rather than the original, or a specific form of power of attorney. Check the requirements of the foreign authority before having your documents notarised and apostilled.
Mistake 9: Assuming All Notarisations Are the Same
Different countries have different requirements for the format and content of notarial certificates. An experienced notary will know what the destination country requires and tailor the notarial certificate accordingly.
Mistake 10: Not Checking the Destination’s Specific Requirements
Different countries and institutions have different requirements beyond the basic apostille. Some require documents to be recently dated (within 3 or 6 months). Some require specific types of notarial certificates. Some require the apostille to be on a separate page rather than attached to the document. Failing to check these requirements can mean your apostilled document is rejected at the destination, requiring you to start the process again.
Mistake 11: Confusing a Commissioner for Oaths with a Notary Public
A Commissioner for Oaths can witness documents for domestic Irish use, but their stamp is not internationally recognised and cannot be apostilled by the DFA. For documents going abroad, you need a Notary Public — an officer appointed by the Chief Justice whose seal is registered with the DFA and recognised internationally.
The Real Cost of Getting It Wrong
The financial and practical consequences of apostille mistakes include:
- Direct costs: Additional notarisation fees if documents need to be re-notarised, DFA resubmission fees, and postage costs
- Indirect costs: Missed deadlines for property completions, visa applications, court filing dates, or business registration deadlines
- Time costs: Postal processing takes 5–10 working days per attempt. Two failed attempts could mean a month of delays
- Opportunity costs: Delayed property transactions, postponed business deals, or missed employment start dates
The best approach is to get it right the first time by working with an experienced notary public who regularly handles apostille work.
How to Get It Right
- Identify your destination country and confirm whether apostille or legalisation is required
- Check the specific requirements of the receiving authority
- Bring original documents to an experienced, registered notary public
- Ensure the notarial certificate meets the destination country’s requirements
- Submit original notarised documents to the DFA with correct fee and return postage
- Allow adequate processing time
Frequently Asked Questions
What is the most common reason for apostille rejection?
Submitting photocopies rather than original documents, or using a notary whose seal is not registered with the DFA.
Can I fix a rejected apostille application?
Yes. The DFA will return rejected documents with an explanation. You can then correct the issue and resubmit.
Should I check with the destination country before getting an apostille?
Yes. Always check what specific documents and authentication the destination authority requires before starting the process.
Get Expert Guidance on Apostille Preparation
Hugh Phelan ensures documents are correctly prepared for apostille from the outset, avoiding costly delays. Contact his office at 021-489-7134 or email info@phelansolicitors.com.