Apostilles and certified translations of documents: A step-by-step guide

When applying for Italian citizenship, a visa, a residence permit, or, more generally, any other administrative procedure, documents issued abroad must be recognized as valid by the Italian authorities. For this reason, procedures such as obtaining an apostille, legalization, and a certified translation may be required. Although these requirements are often mentioned together, they are distinct procedures that serve different purposes, and the applicable requirements may vary depending on the country where the document was issued, the competent Italian Consulate, and the type of application.

What Is an Apostille?

An apostille is an international certification that verifies the authenticity of a public document, such as a birth certificate, marriage certificate, or criminal record certificate. It is provided for under the Hague Convention and allows documents issued in member countries to be recognized in Italy through a simplified procedure.

If, however, the document originates from a country that is not a party to the Hague Convention, it must undergo the legalization process, which involves several stages of authentication before the intervention of the competent Italian Consulate.

The Role of Certified Translation

An apostille or legalization certifies the authenticity of a document, but it does not enable the Italian authorities to understand its contents. For this reason, a certified translation into Italian is often also required to ensure that the translated text accurately reflects the original.

It is important to note that the certification requirements for translations are not the same at every Italian Consulate. Some require translations to be prepared by translators included on their official lists, while others accept translations completed by qualified professional translators, provided they comply with specific formal requirements. Verifying the applicable rules in advance is therefore essential to avoid delays or requests for additional documentation.

In some countries, consular legalization of the translation has, in recent years, been replaced by an apostille applied to the translation itself. In Brazil and Argentina, for example, once the official document has been apostilled, a translation prepared by a translator registered with the country's official board of sworn translators can also receive an apostille. The resulting document has the same legal validity as a document whose translation has been legalized by the Italian Consulate in other countries.

Sworn Translation in Italy

As an alternative to having a translation certified abroad by an Italian Consulate, the document may be translated directly in Italy and the translation may then be certified through a sworn declaration (asseverazione) before an Italian court. A document translated and sworn in this manner has the same legal validity as a document translated abroad with a translation certified by the competent Italian Consulate.

Why It Is Important to Follow the Correct Procedure

Confusing apostilles, legalization, and certified or sworn translations is one of the most common causes of delays in administrative procedures. Documents that do not comply with the applicable requirements may be rejected, resulting in additional costs, the need to repeat certain procedures, and significantly longer processing times.

For this reason, it is always advisable to verify the applicable requirements before obtaining certifications or translations, so that a complete and compliant set of documents can be submitted from the outset.

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The content of this article is intended to provide general information on the topic. For doubts or specific cases, it is advisable to seek specialized legal advice tailored to your particular situation.

Article written by Alessia Ajelli, Managing Associate of LCA Studio Legale, Italian lawyer specialized on Italian immigration and citizenship law, and Paolo Grassi, Trainee of LCA Studio Legale.