Translating and certifying overseas documents for an Australian home loan

Four steps that are not the same thing

Certified copies and witnessing abroad

The overseas identity instructions published by Westpac Group (form WBC0051) describe the Australian consular office signing, dating and endorsing copies of each borrower's identity documents, completing an identity certificate, and witnessing the mortgage signatures. The borrower needs a current passport that includes their signature. If the name on the passport differs from the mortgage documents, the instructions ask for evidence such as a marriage certificate, a deed poll or a change of name certificate.

Where the property is in NSW, Queensland, SA, Victoria, the NT, Tasmania or the ACT, the same instructions describe an alternative identity check by an Australian or New Zealand lawyer or a notary public, or by a Defence Force competent officer. There is no alternative where the property is in Western Australia. For a notary, the instructions require the notary's name, qualification, official stamp and any commission expiry date to appear clearly, and an informal English translation of any non-English part of the notary's statement is acceptable. An overseas lawyer who is not an Australian or New Zealand lawyer cannot witness unless they hold another qualification such as notary public, or the Registrar of Titles has approved them.

Australian posts differ in how they work:

• Australian High Commission in Singapore: the page says to book an appointment for property purchase documents and that people without an appointment will not be seen. It asks for a letter from your Australian lawyer, licensed conveyancer or lender, your documents unsigned, a matching photo ID, and the documents to be certified. It says it cannot complete Victorian land transfer duty form 6A.
• Australian Embassy in Ireland: the page says it only deals with Australian documents, or foreign documents to be used in Australia. It accepts certified copy applications by post, with the original sent by registered mail, or in person by appointment. It lists a 2025 fee of AUD 90 for verifying and certifying a copy, AUD 105 for an apostille, and AUD 17 for return by registered mail. Fees change each 1 January.

Victoria's guidance on online witnessing says a true copy and a person's identity cannot be certified online and must be done in person.

Apostilles

The 1961 Hague Convention says the only formality that can be required to certify the authenticity of the signature, the capacity of the person signing and the seal on a public document is a certificate issued by the competent authority of the State the document came from. HCCH says that single certificate replaces the longer legalisation process. The Convention covers public documents such as court documents, administrative documents and notarial acts, and excludes documents executed by diplomatic or consular agents.

So an apostille on a foreign birth certificate comes from the country that issued it. The Australian Embassy in Ireland says it can issue apostilles on Australian Government documents, and that photocopies cannot be apostilled unless an Australian public notary within Australia notarised them as a true copy. None of the lender instructions reviewed for this guide mentions apostilles, so whether a lender ever asks for one is its decision.

Translation

NAATI says it certifies people, not translations: it does not translate, it licenses translators and interpreters. It also says most government agencies in Australia require translation by someone with NAATI certification if one is available in the language. Its online directory lists certified translators by language pair and shows categories such as Certified Translator and Recognised Practising Translator.

For lenders, the sources are brokers. Home Loan Experts says financial documents must be in English or a certified interpreter must translate them. Hunter Galloway says foreign payslips, tax returns and employment contracts often need translation or certification. Neither is a lender, so ask the lender whether it needs a NAATI translator, how the translation should be attached to the original, and whether a bank in your country can supply English statements instead. The foreign income guide explains which income documents come up, and the documents guide lists the rest.

Common ways this goes wrong

• Signing before the appointment. Singapore asks for documents unsigned.
• Booking the wrong service type, which the Singapore page says may prevent them helping.
• Using a different name on the passport and the mortgage papers without supporting evidence.
• Assuming a service that works for one state works for another: Western Australia has no alternative identity process in the Westpac Group instructions.
• Sending a plain photocopy for an apostille. The Ireland page says that does not work.

The power of attorney guide and the signing guide cover the witnessing rules for those documents, and the timing guide shows where appointments fit.

Frequently asked questions

Expat Finance is an independent guide. It is not a lender, mortgage broker or credit provider, it does not hold an Australian credit licence, and it does not give credit, legal, tax or migration advice. It is not affiliated with any bank, the ATO or the Foreign Investment Review Board. General information only, not legal, tax, migration or financial advice.