Is it necessary to get apostille the Affidavit of support, Only notarization will not work?

In the Philippines, legal documents such as affidavits often require various levels of certification to be considered valid and enforceable. One such document is the Affidavit of Support, which is commonly used for immigration purposes, among others. Understanding the specific requirements for this document can be crucial for those involved in legal and immigration processes.

Notarization of Affidavits

Notarization is the process of certifying a document by a notary public, confirming the identity of the signatories and their willingness to sign the document. In the Philippines, a notarized affidavit is considered a legal document and can be used in various legal proceedings. For many local purposes, notarization alone might suffice to meet the requirements.

Apostille Convention and Its Implications

However, the situation changes when the Affidavit of Support is intended for use in a foreign country. The Philippines is a signatory to the Apostille Convention, which simplifies the process of legalizing documents for international use. An apostille is a certificate that authenticates the origin of a public document, making it acceptable in other countries that are part of the Apostille Convention.

When Is Apostille Required?

For an Affidavit of Support to be recognized in a foreign jurisdiction, especially in countries that are signatories to the Apostille Convention, it generally needs to be apostilled. This means that after notarization, the document must be authenticated by the Department of Foreign Affairs (DFA) in the Philippines to obtain an apostille. This additional step ensures that the document is accepted abroad without the need for further legalization.

Process of Obtaining an Apostille

Notarization: The Affidavit of Support must first be notarized by a notary public.
Submission to DFA: The notarized document is then submitted to the DFA for authentication.
Apostille Issuance: The DFA attaches an apostille certificate to the document, verifying its authenticity.

Importance of Apostille for Immigration

In the context of immigration, many countries require an apostilled Affidavit of Support as part of the visa application process. This requirement ensures that the document has been properly authenticated and can be trusted by the receiving country's authorities. Without an apostille, the document might be rejected, causing delays or denial of the visa application.

Conclusion

In summary, while notarization may be sufficient for local use within the Philippines, an Affidavit of Support intended for use abroad typically requires an apostille. This process ensures that the document is internationally recognized and meets the necessary legal standards. Understanding these requirements can help avoid potential issues in legal and immigration processes, ensuring smoother and more efficient proceedings.