The translation must first be notarised and then legalised: a procedure different from that for British documents

30 Nov The translation must first be notarised and then legalised: a procedure different from that for British documents

When dealing with official documents intended for foreign entities or legal purposes, it is essential to understand the differences in authentication and validity processes, especially for those residing in the United Kingdom who need to present translated documents to foreign authorities, such as Italian municipalities. Among the most frequently asked questions is the distinction between notarisation and legalisation, as well as the correct sequence of these steps. Let’s take a closer look at how the procedure works for translations and why it differs from that for original British documents.

What is notarisation, and why is it important? 

notarisation is the first fundamental step when it comes to official translations. It consists of the certification, by a notary, that the translated document is a faithful representation of the original. The notary does not verify the accuracy of the translation’s content but confirms the authenticity of the certified professional translator’s signature and that the process has been correctly followed. This step is required because, especially for legal or administrative documents, foreign entities need to be certain that the translation was performed by a qualified professional and that the entire translation process complies with necessary verification procedures. In Italy, for example, this notarisation is mandatory to ensure that the translated document has legal validity.

The next step: legalisation

Once the translation has been notarised, the document must be legalised. Legalisation consists of an official attestation by a government authority (in the United Kingdom, usually the Foreign, Commonwealth & Development Office, FCDO) that the notary who signed the document is officially recognized by the British government. This step is essential because it allows the document to be recognized in Italy or other countries. Legalisation can be done via an Apostille, a simplified process under the 1961 Hague Convention, to which both the United Kingdom and Italy are parties. However, it is important to note that notarisation alone is not sufficient; without legalisation, the document may not be accepted.

Differences from original British documents

 At this point, it is important to emphasize the difference with original documents issued in the United Kingdom. In fact, while translations must follow the notarisation-legalisation process, original British documents do not require this dual step. For example, a British birth certificate can be directly legalised via Apostille, without the need for notarisation. This is because the original document is already recognized as official and valid by a British authority. Translations, however, being a reworking of the document in a foreign language, require additional verification to ensure that their content is reliable and accurate. notarisation, therefore, serves as a security measure to confirm the validity of the translation process, while the final legalisation confirms its acceptance at an international level.

When is this process necessary?

 The need to notarise and legalise a translation arises mainly when dealing with legal or administrative documents that must be presented to foreign entities or institutions without going through the Italian Consulate in the United Kingdom, such as:

• Birth, marriage, and death certificates
• Legal documents for immigration or citizenship (a particularly relevant topic for non-EU citizens post-Brexit)
• Contracts and corporate documents
• Academic degrees and records

For those living in the United Kingdom who need to present documents in Italy without going through the appropriate Consulate, it is common for Italian authorities to require this complete process, ensuring that the translation is official and legally acceptable.

Practical tips to avoid delays It is important to carefully plan the notarisation and legalisation process for translations, especially if the documents are needed for legal or administrative deadlines. The advice of experienced professionals is essential to avoid errors. Here are some tips to avoid delays:

• Ensure that the translation is done by a certified translator: only translations of this type can be notarised.
• Check the requirements of the receiving entity: some countries or institutions may require specific certifications or additional forms.
• Rely on a translation service that also offers notarisation and legalisation: this reduces waiting times and possible procedural errors.

Conclusion

 The translation of documents intended for abroad, especially in Italy, requires a structured process that includes first notarisation and then legalisation. This is different from the handling of original British documents, which can be directly legalised via Apostille without the need for a notary. To avoid delays and validity issues, it is advisable to rely on industry experts who can manage both the translation and the entire authentication process, thereby ensuring that the document is accepted smoothly by the relevant authorities.