Retiring Overseas: Document Legalisation

Retirement can be an exciting opportunity to see more of the world. Increased leisure time and a good degree of financial stability see many people choosing to travel or even retiring overseas permanently. There are a few considerations to bear in mind if you plan on retiring overseas and want to ensure you have all of your documentation in order. 

Retiring Overseas – Location

Where you choose to retire will determine many things, including how long you can stay in the country without a visa and what type of visa is required. A number of countries, including the entire Shengen area, allow U.K. passport-holders to visit for up to 90 days within a 180 day period without the need for a visa. Some countries, such as New Zealand, Canada and Hong Kong, permit longer visits up to 6 months*, while others have shorter limits or require visas for any length of stay. It is important to understand the visa requirements ahead of time and to either plan to spend the permitted period of time in the country each year, returning to the U.K. in between, or find out what is required in order to obtain a longer term visa. 

Certain countries offer specific visas for retirees. In this case, you would have to prove that you have sufficient funds to support yourself abroad, as this form of visa usually does not allow for any form of employment – this could be in the form of a state or private pension, or savings. The precise financial requirements vary depending on the country, but generally the evidence would consist of an entitlement letter from the DWP and/or bank statements showing sufficient funds. 

Visa applications often require other supporting documentation, including: 

  • Certified passport copies, 
  • Birth certificate (copy or original), 
  • Marriage certificate/decree absolute/spouse’s death certificate, if applicable,
  • Criminal records check,
  • Translations of any of the aforementioned documents into the working language of the country. 

U.K. documents generally must be apostilled before they can be used in a visa application, unless the receiving country does not have a requirement for legalization. There are also certain countries, such as the Philippines, where the visa application form itself must be notarised and apostilled before it can be processed. Documents which are not original U.K. public documents, including bank documents, passport copies, and DBS criminal records checks, must be notarised before they can receive an apostille from the Foreign, Commonwealth and Development Office. 

You would also have to provide evidence of suitable accommodation in the country before your visa can be approved. This can be in the form of a hotel, or the home of a friend or family member, but you may also be considering renting long-term or buying property for retirement. This process often calls for a document called a Power of Attorney, which allows an agent (this can be a friend, family member, or any other trusted individual) in the destination country to carry out legal and financial actions, such as the purchasing of property, on your behalf. To read more about the process of buying property overseas, see our article Buying and Selling Overseas Property. PoAs always require notarisation before they can be used, and require apostilles in most countries, as well as attestation in some. 

121 countries have now joined the Hague Convention on the Apostille, removing the need for documents to be double-certified, or attested by both countries. However, there are still a number of popular destinations which require embassy attestation following an apostille, including Thailand, China, and the UAE. You should always check the requirements for the use of foreign documents in the country in which you plan to retire. 

Pension

One of the biggest concerns people have when retiring abroad is the management of their pension. U.K. state pensions can be paid directly into foreign bank accounts in local currencies. There is, however, some paperwork you can expect, especially when moving overseas. The most common document you will encounter is a Life Certificate – this is a form which states that the holder of the pension is still alive and of suitably good health to continue to manage and receive their pension payments. Usually, it must be accompanied by a letter from a registered doctor and must be signed by an unrelated party. If you are only receiving a U.K. state pension, the Life Certificate will be sent to you by the DWP and it need only be signed by a person in a recognised profession, as the requirement for a signature from a notary or consular official has been removed, but if you have a private pension, or one held by an overseas organization, the document may require notarisation and/or an apostille. You may also need to have a DWP Life Certificate legalised if you are asked to show it to any authority while abroad.

Wills

Although it is not the most uplifting topic, sorting out your will before moving overseas can save you and your family a great deal of stress. If you are retiring abroad on a more permanent basis and intend to move assets overseas with you, it may be worth having your will legalised. This will ensure that your U.K. will is valid in the country in which you live. Alternatively, you may choose to draft a new will specifically for foreign assets, separate from your assets in the U.K. Either way, a will should always be witnessed and notarised. 

Depending on the decisions you make, you may need to provide some or all of these documents – it is important to check what you need and how it must be prepared to avoid any unnecessary delays. Once you know your requirements and have your documents, we are happy to arrange any processes they may need, including notarisation, legalisation, attestation and translation. 

*Visa requirements may vary during the Covid pandemic.

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