Netherlands/Apostille

Overview

Apostille is a way for the Dutch government, or another government, to see that an official piece of paperwork you have brought from outside the country is real and valid. It's a form that is filled in by the government who initially created the paperwork, and it contains a standard set of information which helps other governments accept and understand each other's official documents. You will get it by sending your original forms by mail to the state government that issued them, or having a professional do that for you. They will be returned to you with the apostille form attached, and you must not remove it. You have to do this for most pieces of official documentation that you want to use in your immigration process, but not for your passport.

Apostille is based on a treaty among several countries. If you need to bring documentation from another country that is not on this list, you will probably need to supply an official translation instead.

What do I have to apostille?

You'll obtain apostille during your immigration process for your birth certificate. Depending on your life history, you may also need apostilled copies of other life event documents, especially if your legal name or gender marker has changed during your life, or your minor child is immigrating with you. The purpose of these documents is to show that your birth certificate, and all of the documents you may provide, are really referring to the same person or people

Most people do not need all of these documents. In many cases, you will only need your birth certificate. Always ask a lawyer's advice if you are not sure which documents to provide.

Birth certificate: you will always need to supply an apostilled copy of this document for everyone who is going to immigrate to NL. If your name and gender on your passport matches the one on your birth certificate, and you are not married, and are not immigrating with a child, then you may only need your birth certificate.
Marriage: if you have been married, and your name changed because of this, you should obtain an apostilled official copy of your marriage certificate. You may not need to do this if your current legal name in your passport matches the name on your birth certificate. If you are not married anymore, you should provide your apostilled divorce decree or annulment, or the death certificate of your spouse.
Divorce or annulment of marriage: if you are bringing an apostilled marriage certificate, and have legally terminated your marriage since then, you should provide an apostilled copy of the divorce decree or the order of annulment. If you cannot obtain this in time, ask a lawyer how to provide a signed affidavit of unmarried status instead.
Legal change of name or gender marker: if your name or gender marker has changed by a court order, and your current legal name or gender on your passport does not match the ones on your birth certificate, OR your minor child is immigrating with you and your current legal name is not the one listed as a parent on their birth certificate, you should bring an apostilled copy of the court order(s) by which you changed your name or gender.
Adoption of a child: if your minor child is immigrating with you, and you are not listed as their legal parent on their birth certificate, you will need an apostilled copy of the court order by which you became their legal parent.
Termination of parental rights: if your minor child is immigrating with you, and a parent listed on their birth certificate is no longer their legal parent, you will need an apostilled copy of the court order by which their parental rights were terminated. This may be part of a court order of an adoption by another parent.
Death certificate (for your spouse, or a parent of your minor child): If you are providing a marriage certificate, and your spouse has died, you should provide an apostilled copy of the spouse's death certificate. If your minor child is immigrating with you, and a legal parent or a parent who is on their birth certificate has died, you will need an apostilled copy of that parent's death certificate, unless you are providing other apostilled documentation showing that that person is no longer the legal parent of the child, such as an adoption order or a termination of parental rights.

Do I need all of these documents right away?

Sometimes some of these documents can be provided later, in a separate appointment.

You will always need your birth certificate when you register. You will also need any of the documents above that prove that your birth certificate belongs to the same person as your passport (such as a change of name or gender.) The documents may or may not be recorded at this first appointment, depending on how busy your gemeente is! If they are not recorded, then you will need to make a later appointment to provide them again. (See: bureaucracy.)

If your child is registering, then you need enough documentation to establish that they are legally your child, and that all of their living legal parents consent to their immigration. TALK TO A LAWYER if this is your situation, you really don't want this to go wrong.

You may have other documents, which establish your life history, but are not needed in order to prove the facts of your immigration. You can provide those documents later. For example:

You have been married, and provided your marriage certificate to show why your name has changed. You have been divorced, but have not been married again, and you are not immigrating via a partner visa. You have brought a signed, notarized affidavit attesting that you are not married anymore, instead of your divorce decree. You can still provide your divorce decree at a later appointment.
Your name has changed, but the gemeente accepted your birth certificate even though the name did not match your passport (happened to me!) You can provide your name change order later.
You have been married, and that marriage was ended or your spouse died, but your name did not change because of this. You can provide documentation of the marriage, and of the end of the marriage or the death of your spouse, later.

To provide these documents later, schedule a separate appointment directly with your gemeente.

When do I need to order my apostilled documents?

You will give your apostilled documents to the staff at your city office (gemeente) when you register yourself as living in the Netherlands. You need to start your apostille process 6-8 weeks ahead of time in order to be sure you will have your documents ready on time. Allow another 6-8 weeks if you first need to order copies of any of these documents from a court or state office.

You will register with your gemeente and supply these documents

AFTER you have submitted your visa application to the IND
AFTER you visit IND for your biometrics appointment and get your IND sticker/visa extension (but you can, and should, request your scheduled appointment at the gemeente as soon as you mail in your application, because the appointment may not be available until a few weeks later.)
WITHIN 90 DAYS of your arrival in the Schengen area
If you are electing the 30% ruling, AFTER you accept your offer of employment from abroad. (If you are not electing the 30% ruling, ignore this!)

How do I get my apostilled documents?

Your US apostille will be done by mail, by the state where your documents were generated. Refer to your state's specific apostille process to see how to do this; it is usually done by the state Secretary of State. It is a little easier to obtain your apostille while still in the United States, because you can send and receive the mail yourself. However, if you have a lot of documents to apostille, your documents come from several different states, OR you are already living outside the USA, you should look for a reputable apostille expeditor. This expeditor will handle your sensitive documents, so be sure to read reviews and listen to recommendations before choosing your expeditor.

For apostille from other signatory countries, refer to that country's documented process to obtain your apostille.

When does a document not require apostille?

If your document originated in the Netherlands or in another EU country, it DOES NOT require an apostille.

If your document originated in a country that did not sign the Apostille Convention, you cannot obtain an apostille for that document. In this case you may need to provide an official translation, instead.