Apostille or Legalisation for the UK From Australia

Where a UK body wants an Australian document authenticated, the answer is a DFAT apostille, not legalisation: as of our last check, the Convention has been in force for the United Kingdom since 24 January 1965. Check the HCCH status table on the day. The more useful question is exactly what the UK body asked for.

Key takeaways

• The UK is an Apostille Convention country, so a DFAT apostille is the whole Australian chain when authentication is requested. Australian documents are in English, so no translation is needed.
• Many UK processes set their own rules for people signing from overseas. Ask whether an apostille is wanted before paying for one.
• For land in England and Wales, HM Land Registry's form ID1 can be completed by a lawyer or notary public qualified in Australia, with written evidence of their authority to practise.
• The transfer deed or mortgage is a separate document, executed as a deed before a witness; the conveyancer says who that witness must be.
• UK documents are apostilled in the UK, by the FCDO's Legalisation Office, not by DFAT.

The UK and the Apostille Convention

The HCCH status table records the United Kingdom of Great Britain and Northern Ireland's signature in 1961, ratification on 21 August 1964 and entry into force on 24 January 1965, with extensions to a number of territories. Between the UK and Australia, a document within the Convention's scope needs one certificate from Australia and nothing from the British High Commission. Confirm the position on the table the day you start; if your document is going to a UK territory rather than the UK itself, check the extensions listed there.

An apostille is a certificate from the Department of Foreign Affairs and Trade (DFAT) confirming the signature and seal on an Australian public document, such as a registry certificate or a notary's certificate. It says nothing about whether the contents are true. Only DFAT issues apostilles in Australia; a notary cannot. See how the Hague Apostille Convention works. UK visas are a separate subject, covered in UK visa documents from Australia.

First, read exactly what the UK body asked for

For many UK transactions the real question is not "apostille or legalisation" but "what exactly has the UK body asked for". The UK and Australia share a legal tradition, and UK bodies often accept things an Australian would not expect a foreign authority to accept: a certified copy, a witnessed signature, a form completed by an Australian lawyer. Equally, they may ask for something more specific than an apostille.

When an apostille is asked for

If a UK solicitor, court or registry asks for a notarised and apostilled document, the chain is short:

1. Sign before an Australian notary, or have the notary certify a copy of an original you hold. Bring your passport and do not sign beforehand.
2. DFAT apostille on the notary's signature and seal.
3. Send the original to the UK solicitor, court or registry.

Australian registry certificates, court orders and national police checks usually go to DFAT directly, without a notary. DFAT's page on documents it can legalise lists what it accepts. If the request does not mention an apostille, ask before paying for one. It is an extra step and an extra cost, and many UK processes do not call for it. See document notarisation.

HM Land Registry: form ID1 from Australia

When land in England or Wales is sold, bought or mortgaged, HM Land Registry requires evidence of the identity of people who are not represented by a UK conveyancer. When we last checked, its guidance said that where a person lives overseas and cannot have their identity verified by a UK conveyancer, section B of form ID1 should be completed and signed by a lawyer or notary public qualified to practise in the person's country of residence. For someone living in Australia, an Australian notary fits that description, and an Australian solicitor may too.

The Registry's guidance added conditions that are easy to miss. The form must be amended to state the country in which the lawyer or notary is qualified to practise, confirm that they are so qualified, and give the name and address of the body with which they are registered. Written evidence of the notary's authority to practise must accompany the form; ask the notary in advance what evidence of their appointment they can supply. A recent photograph, passport-size and printed on photographic paper, was required; check the guidance for how recent. The form has a short shelf life: it must be signed within a limited period before it is lodged, so check the current figure and do not sign too early. And inconvenience is not an exemption: the Registry's practice guide said that living overseas is not in itself an acceptable reason for not providing the form.

Read what the guidance does and does not ask for. It sets out who may sign and what must accompany the form; it did not, as we read it, call for an apostille. Confirm with the conveyancer handling the transaction before adding one. HM Land Registry covers England and Wales only. Land in Scotland and Northern Ireland is registered separately, under different rules; ask the solicitor there.

Signing the transfer or mortgage itself

The ID1 proves who you are. The transfer deed or mortgage is a separate document, and English land documents are executed as deeds, which need a witness. UK conveyancers usually send instructions with the deed. Ask them three things: whether the witness needs to be a notary or whether any independent adult will do; whether the witness's details must be in a particular form; and whether they want the deed apostilled.

If the conveyancer only needs an independent witness, a notary may be more than you need, and saying so is part of getting the chain right. If they want a notarial certificate, bring the unsigned deed to the notary. The notary checks your identity, satisfies themselves that you understand the deed and are signing freely, and attaches a certificate; they do not advise on English property law. For the legal effect of the transaction, rely on the UK conveyancer, and see an Australian solicitor if Australian tax or estate questions arise.

Estates, companies, banks and courts

UK probate practitioners, Companies House filings, UK banks and UK courts each have their own document rules. A UK solicitor will usually tell you what they need. A UK bank may ask for a specific certification wording on copies of your passport or a utility bill, and may accept that from a lawyer, an accountant or a notary; show the notary the exact wording before the appointment so the notarial certificate matches it. For a UK estate, the probate practitioner may want an affidavit or a statutory declaration sworn in Australia. Our power of attorney and declarations page explains how sworn documents work here.

Documents commonly needed for the UK

Document	Typical use in the UK	Australian route
Form ID1	Land in England or Wales, unrepresented party	Section B by an Australian notary or lawyer, with evidence of authority
Transfer deed or mortgage	Selling or mortgaging English land	Witness as the conveyancer directs; notary only if asked
Certified passport copy	UK bank or investment account	Certification wording the bank specifies
Affidavit or declaration	UK probate or court	Sworn before a notary; DFAT apostille if requested
Birth, marriage or death certificate	Estates, pensions, name changes	Registry original; to DFAT directly only if an apostille is asked for
ASIC certificate, board resolution	Companies House, UK contracts	ASIC original to DFAT; resolution notarised, then apostilled if asked

The reverse: UK documents cannot be apostilled in Australia

If you hold a British document, such as a UK birth certificate, and need it apostilled for use somewhere else, DFAT cannot do it. The UK's Legalisation Office at the Foreign, Commonwealth and Development Office issues apostilles on UK documents, and when we last checked it offered an electronic apostille for documents electronically signed by a UK notary or solicitor. An Australian notary's certified copy of a UK certificate is an Australian document, which DFAT can apostille, but many receiving authorities want the apostille from the country that issued the original. Ask first. See notarising UK documents in Australia.

Here is an illustration, not a real case

A retired couple in Perth are selling a flat in Bristol without a UK conveyancer acting for them on identity. The buyer's conveyancer sends form ID1 and the transfer deed. The couple ask a notary in Perth to complete section B of the ID1, amended as the guidance requires, with evidence of the notary's appointment and their recent photographs. The conveyancer confirms that any independent adult can witness the deed, so a neighbour does that. No apostille is requested.

In short

The UK takes an apostille, on our last check, but many UK bodies set their own rules and ask for less. For land in England and Wales, form ID1 can be completed by an Australian notary with evidence of authority. Ask whether an apostille is needed before paying for one. More on the Australian steps is at apostille and authentication.

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Sending documents to the UK? Send us what the UK conveyancer, bank or court asked for, and we will explain each step before you book.