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FRENCH CITIZENSHIP

French bureaucracy: How to get a document ‘apostillé’

When doing certain French admin tasks you could be asked to present 'aspostillé' documents - here's what that means and how to do it.

French bureaucracy: How to get a document 'apostillé'
A couple gets married at the Montpellier town hall in 2011 (Photo by ANNE-CHRISTINE POUJOULAT / AFP)

The most common reason for needing a document apostillé is if you’re applying for French nationality – when you may be asked for apostillé (or sometimes referred to as legalisé) copies of certificates including birth, marriage or divorce certificates.

An apostille is used to authenticate a seal or signature of an official on public, government issued documents.

Essentially, it functions similarly to a notarisation to certify a document on an international level to any of the countries that recognise the 1961 Hague Convention. It allows governments of different countries to recognise the legal standing of documents issued outside of their borders.

For this reason it’s only if you are presenting non-French certificates to French bureaucrats that you would need an apostille – how to get one varies depending on where the certificates were issued. 

EU

Documents issued within the EU are generally recognised by France, so you will not need birth, marriage or divorce certificates apostilled if they were issued in an EU country.

UK

Documents issued in the UK generally do not need to be apostilled (though you will still need forms like your birth certificate to be translated by a court approved translator). This is because France and the United Kingdom have a longstanding bilateral agreement, meaning official documents from the UK are recognised in France. 

READ MORE: Certified translations: What are the rules for translating documents into French?

However, if you find that you do need a UK document apostilled, you can either apply online or submit your documents by post or in person.

This process typically takes up to 20 days. You can learn more HERE.

Other non-EU countries

For Australians, only the Department of Foreign Affairs and Trade (DFAT) can legalise documents.

In-person appointments can be made with the Canberra, Sydney and Melbourne passport offices, but there is often high demand. Otherwise, documents can be apostilled by the post. You can find information on how to do so here.

As for Indians, in most cases, you should be able to request that your vital documents be apostilled using the E-Sanad online service. If this does not apply to you, then you can find further information on the Ministry of External Affairs website.

Americans

For Americans, the process can be a bit complicated as it varies from state to state.

For a birth certificate you will usually first need to request a new copy of your birth certificate (long-version).

READ MORE: Birth certificate: Why you need it in France and how to request one

Some states’ vital records can be requested using the website VitalChek, while others will require you to go through the state’s Department of State. While it is not standard, some states may also allow you to add the apostille request on when using the website VitalChek.

In most cases, however, you will have to request your birth certificate first and then send a separate request (along with the birth certificate) back to the state’s Department of State to request that it be apostilled – many people save time by having their documents mailed to a US address (eg a parent or sibling’s address) and then asking them to send off the apostille request.

This will likely involve filling out a form (here is an example from the State of Texas), in which you will include the name of the country where the document will be recorded, the check or money order reference number (typically card payments are not available, but this will depend on your state), as well as a self-addressed, pre-paid envelope.

Some state offices may also allow walk-ins to get documents apostilled. If you plan to be in the United States after requesting your birth certificate, consider doing this as it may save you time. In this case, some offices may accept payment by cash or card. Most states do not offer an online service for apostilling documents.

Keep in mind also that an apostille can only be done by the relevant government body that first issued the document. As such, if you were born in Maryland but your family now lives in New York, then you will still need the state of Maryland to apostille your birth certificate.

Depending on the state, you check their Department of State website to see the timeline for apostilles – for instance, the State of California updates its page to reflect the date of receipt that they are currently processing.

Are there other situations where one might need a document apostilled?

For those getting married or PACSed in France, they will need an apostilled and translated newly issued birth certificate. 

READ MORE: What you need to know about PACS v marriage in France

If you are hoping to adopt a child outside of the country while living in France, then you will likely also need to get relevant vital records documents for the child apostilled by their respective country of birth.

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For members

AMERICANS IN FRANCE

Is there really a 1949 treaty that allows Americans an extra three months in France?

You might have heard rumours about an old but never-repealed treaty between France and the USA that allows Americans an extra three-month stay in France without requiring a visa. But is it still valid?

Is there really a 1949 treaty that allows Americans an extra three months in France?

It sounds almost too good to be true – an obscure treaty that would potentially allow Americans to stay up to six months in Europe without needing a visa . . .

The agreement exists, it was one of several bilateral travel agreements that France made in 1949.

It states: “From April 1st 1949, citizens of the US can enter the following countries on the simple presentation of a valid passport, without a visa, and stay between one day and three months; France, Andorra, Algeria, Morocco, Gaudeloupe, Martinique, French Guiana and Réunion (or Tunisia for two months).”

First things first, we would strongly advise against turning up at the border of Algeria, Tunisia or Morocco and claiming your right to free entry based on an agreement that France made for them back in the days when they were colonised. Awkward.

The Caribbean islands of Guadeloupe and Martinique, the Indian ocean island of La Réunion and the South-American territory of French Guiana remain French. For administrative purposes they are part of France, but they are not part of the Schengen zone so have slightly different travel rules. Andorra is different again.

Schengen rules

These days France is part of the EU’s Schengen zone and that has its own rules for travel.

Americans are one of several nationalities covered by the ’90-day rule’ – this allows for stays of up to 90 days in every 180 in the Schengen zone, without the requirement for a visa. In total over a year you can spend 180 days visa free, but they cannot be consecutive – within any 180-day period you must not stay for more than 90 days.

READ ALSO How does the 90-day rule work?

The 90-day limit covers time spent in any of the Schengen zone countries – so for example if you are travelling around France, Italy, Spain and Austria you get 90 days total, not 90 days in each country.

The 1949 agreement allows three months visa-free in France, while the Schengen zone agreement allows 90-days visa free in France – basically the same amount.

However where the 1949 agreement could potentially be an advantage is for Americans who want to travel around Europe for several months – essentially giving them three months in France plus 90 days in the rest of the Schengen zone countries, allowing for a six-month visa-free stay in Europe.

Neither rule allows for more than 90 days in France without getting a visa – if you want to stay longer than that in France, you will need a visa (unless you have dual nationality with an EU country).

Schengen rules versus pre-existing bilateral agreements

But is the 1949 agreement still valid? It’s true that the agreement was never specifically cancelled, but since then something big has happened – the creation of the Schengen free travel area which came into force in 1990.

The Schengen agreement creates a free travel zone (expanded several times since 1990 and now encompassing 29 countries and about 420 million people).

Countries that are part of the Schengen area;

  • do not carry out checks at their internal borders, except in cases of specific threats
  • carry out harmonised controls at their external borders, based on clearly defined criteria

The rules are covered by the Schengen Borders Code, which involves countries adopting a common visas policy – in brief this means that countries are free to set their own visa policy (eg types of visa offered, visa costs/duration) but must agree on who needs a visa and who does not.

The European Council explains: “An EU common visa policy is necessary for the effective functioning of the border-free Schengen area as it facilitates the entry of visitors into the EU, while strengthening internal security.

“The EU has established a visa policy for: intended short stays in or transit through the territory of a Schengen state; transit through the international transit areas of airports of the Schengen states; short stays are stays of no more than 90 days within any 180-day period.”

So the EU is clear that it operates a common visas policy – limiting visa-free stays to no more than 90 days in every 180.

French policy 

Part of the confusion over this historic agreement seems to be that over the years several French consulates have provided contradictory or confusing advice suggesting that the 1949 agreement is still in force.

You may be lucky and find a border guard who agrees with their interpretation – but if you find someone who interprets the Schengen rules as superseding the 1949 treaty, they will be able to provide a lot of more up-to-date and clearer statements of the rules specifying that non-EU citizens such as Americans are limited to 90 days in every 180 within the Schengen zone.

If you lose your argument at the border, you are liable to end up with an ‘over-stayer’ stamp in your passport which may make it difficult for you to re-enter any EU country, or to get a visa for any EU country.

Is it really worth taking that risk?

EES

Starting later in 2024 – probably October although it could be delayed again – is the EU’s new Entry & Exit System.

You can find a full explanation of it here, but it basically automates the counting of the 90-day allowance – passports will be scanned on entry and exit of the Schengen zone and dates automatically tallied.

There are exemptions for people who have residency permits or visas, but there is no provision built into the system to show old treaties at the border.

French citizens

The 1949 agreement is a bilateral one, so it also includes a provision for French people wanting to go the USA.

It states: “French citizens wishing to travel to the United States for stays not exceeding three consecutive months may, if they wish, receive free visas valid for two years and for an unlimited number of trips during that period.”

Sadly, this is no longer valid either – the US does not allow visa-free travel and French citizens wishing to go even for a short holiday will need to complete the ESTA visa-waiver online before travelling. Anyone who has failed to complete this form (which is not free) will be denied boarding by their airline.

Once completed, the ESTA visa waiver covers multiple trips for two years (unless your passport is renewed in that time, in which case you have to do it again).

The ESTA visa allows trips of up to 90 days per visit, French people wishing to stay for longer will need to apply for a visa.

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