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Lawyer, Master of Laws, expert in the field of migration law. Legalization of stay in Ukraine, registration of residence permits, apostillization of documents.
Apostille for education documents
By Law № 2933-III of January 10, 2002, the Verkhovna Rada decided to join the 1961 Convention Abolishing the Requirement to Legalize Official Documents. This document is also called the Hague Convention. If we talk about the legalization of official documents, this concept implies checking the document’s compliance with the norms of current legislation, establishing its validity, as well as the authenticity of the signature and powers of the official who signed the document. Compared to legalization, an apostille on educational documents is a simpler procedure. It is relevant for countries participating in the aforementioned Hague Convention.
Let’s take a closer look at what an “apostille” is and how the services of the specialists of the Prikhodko & Partners law firm can be useful in this context.
The concept and features of an apostille
An apostille is a special stamp measuring 10×10 centimeters, which is placed on official documents so that they are considered valid in the countries participating in the Convention. It is placed on the documents themselves or on a separate sheet that is attached to them.
In Ukraine, three ministries have the authority to affix apostilles: Education and Science, Foreign Affairs, and Justice. It is the Ministry of Education and Science that has the right to affix apostilles to the following documents:
- official educational documents issued in the form and format established in Ukraine;
- administrative documents issued by educational institutions – archival certificates, curricula, and certificates.
Therefore, if we summarize the documents that are affixed with an apostille, they include certificates, diplomas, and supplements to them, curricula, and certificates, advanced training certificates, certificates, and other documentation.
What documents cannot be apostilled?
Clients often ask lawyers about cases in which documents cannot be affixed with an apostille. Such situations are indeed defined by the norms of the current legislation.
They are as follows:
- the document must be used in a country that is not a party to the Hague Convention (in which case the document must undergo the traditional legal procedure of legalization);
- the country where the document will be used has opposed Ukraine’s accession to the Hague Convention in accordance with Article 12;
- the document is so damaged that its text is illegible;
- the document is written or signed in pencil;
- the document was received by facsimile;
- the document contains additions or careless corrections;
- the document (archival certificate, certificate or curriculum) does not contain the signature of the rector (or vice-rector) and/or is not certified by the official seal;
- representatives of the Ministry of Education and Science were unable to obtain signature samples, as well as stamp or seal prints that could confirm the authenticity of the fact of issuance of the educational document);
- the signature on the document does not correspond to the position and full name of the head of the educational institution.
This is an exhaustive list of cases when an apostille cannot be affixed to a document.
In what cases is an apostille especially necessary?
When a Ukrainian citizen wants to live in another country and thinks about how to preserve and increase their professional achievements in a new context, the question of diploma nostrification arises – that is, its recognition at the level of that country. But first, you need to take care of an apostille – a stamp that will contain the necessary information about your educational document.
For example, in Germany there is even a special program for qualified workers called the “Blue Card”. This is a type of residence permit available to specialists in those areas of specialization in which there is a deficit in the German labor market.
For example, this may apply to the medical industry. Considering that Germany is a party to the Hague Convention, legalization of educational documents is not required – an apostille is enough. And then there will be a nostrification stage if the diploma meets the requirements put forward by German legislation.
Above was given only one example when an apostille on an educational document can be useful and even serves to obtain a certain type of residence permit. In fact, there are quite a lot of such situations, depending on the legal framework of the specific state you choose. For anyone who wants to extend their professional work in a new country, they should take care of an apostille on their educational documents.
How can we be of help?
If you need services for apostilling educational documents, you can contact the lawyers of the law firm “Prikhodko & Partners”, since we work in this area. We can also consult you on a whole range of other topics within the framework of migration law. If you are abroad, we have an online migration lawyer consultation service.
If you need quality legal support, fill out the feedback form and we will call you back to provide an initial consultation.
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The concept and features of an apostille
What documents cannot be apostilled?
In what cases is an apostille especially necessary?
How can we be of help?