A statutory declaration is a formal written statement of facts that is declared to be true in the presence of a UK solicitor, Notary Public or commissioner for oaths. It carries a different legal weight from an affidavit - a statutory declaration is declared rather than sworn - but for many overseas purposes the two serve a similar function. Foreign authorities regularly request apostilled statutory declarations for immigration, residency, property, name change, marital status and financial purposes.
How a statutory declaration differs from an affidavit
An affidavit is sworn under oath. A statutory declaration is made by way of a formal declaration - the person making it confirms the contents are true, but does not take an oath. The legal consequences of making a false statement are the same in both cases. Which one a foreign authority requires depends on the jurisdiction and the purpose — some specify an affidavit, others accept a statutory declaration. Confirm with the receiving authority before the document is prepared.
Certification is required for both original and copy
Whether the original statutory declaration or a copy is being submitted, it must be certified by a UK solicitor or Notary Public before the FCDO will accept it for apostille. The solicitor or Notary Public who witnessed the declaration must include a signed statement confirming that the statutory declaration was in fact signed and declared in their presence, and must apply their wet-ink signature and official stamp. The FCDO authenticates the wet-ink signature, seal or stamp of the certifying professional. The apostille is a physical paper certificate attached to the back of the certified document.
When an apostilled statutory declaration is commonly required
The situations that most frequently require an apostilled statutory declaration include immigration and residency applications where a formal declaration of facts is needed as supporting evidence; overseas property transactions requiring a declaration of ownership, financial standing or identity; name change or marital status declarations for foreign civil registries; declarations of relationship or dependency for family sponsorship visa processes; and financial or tax declarations required by overseas authorities or institutions.
The process
The statutory declaration is prepared, signed and declared in the presence of a solicitor, Notary Public or commissioner for oaths. The witnessing professional applies their certification, wet-ink signature and stamp. The certified document - whether the original or a certified copy - is then submitted to the FCDO. Standard postal processing takes approximately ten working days at £45 per document.
For countries outside the Hague Convention
For Hague Apostille Convention member countries, the apostille is the final step. For countries outside the Convention - including the UAE, Qatar and others - embassy attestation is required after the apostille. Some destinations also require a certified or a sworn translation. Call our team on +44 (0) 204 630 7500 to confirm what your destination requires and arrange the process.