What’s with sworn translations?

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You wouldn’t believe how often I’m asked if we have sworn translators. There are differences between sworn translations and certified translations. But first:

What are certified translations or sworn translations?

So, imagine you want to become a flight attendant and the company hiring you is based in another country. You’ll probably have to go to the doctor and request a declaration saying that you’re fit to fly. That declaration wouldn’t mean anything in the foreign country because no one would be able to read it.

Let’s say you are proficient in both languages. You could translate your own declaration and change it as you please, saying, for example, that you’re in perfect health when you’re not (this is just an example, I hope you are in perfect health). To avoid this, you may be requested a certified or a sworn translation.

Certified or sworn translations are a way to make sure that the text was translated by an expert translator, someone who is impartial, and someone who can be held accountable if things go south. Basically, when a translation is sworn or certified, it becomes of legal value in the target country.

However, this process differs from country to country, much like legal systems. Some countries have certified translations, some have sworn translations and sworn translators. But what are the differences?

  • Sworn translators: Translators who take exams to become sworn translators. They are professionals with recognised experience in translation and they vouch for their own work. These are the professionals who can produce sworn translations. Their expertise in the area is usually recognised by a union or an association.
  • Certified translations: in certain countries there is no official body to recognise a translator’s expertise, and that’s where lawyers come in. Lawyers, notaries or solicitors can certify that the translator declared that the document was duly translated, and that it represents the original document. This way, the translation becomes of legal value, and the translator becomes responsible for its implications. Lawyers and notaries also read the document and the translation, and they usually don’t certify documents in languages they don’t know. They can also request the translator to present proof that they’re actually a translator (although this is unusual).

Of course, you can’t certify a translation when the subject is about you. So, if the document has your name on it, some other translator has to be responsible for its legal implications. So, the process is quite flawless.

In Portugal, for example, there are no sworn translators. We work with notary, lawyer or solicitor certified translations. However, an entity will usually also accept a sworn translation made in another country, because the translator becomes almost like a notary and usually has a stamp.

This all gets confusing when the terminology changes. You can hear about sworn translations, official translations, notarised translations, certified translations, legal translations, and probably some others I can’t remember. There are also countries where you have certified translators who produce certified translations, which is much like the sworn translators I explained above.

So, the name changes, but the idea remains the same: to have someone who’s proficient in translation who can be held legally accountable for their work, in order for the translated document to become legal in the target country. If you’re not sure how all this works in your country or the country where the document is heading, contact a translation company. They’ll be able to tell you what you should do.

Q&A

Q: Is a certified translation necessary in my case?

A: This depends on the case. Only the client can know if a certified translation is enough in their case or if, for example, you also need an apostille. Try asking the entity where the document is intended for and they’ll probably be able to tell you.

Q: Should I request a certified translation in order to receive a high-quality translation?

A: No, you shouldn’t. The certification shouldn’t be related to the quality of the translation and the translator shouldn’t do a better job just because they are going to become legally responsible for it. In countries where the translation is certified by notaries, lawyers or solicitors, these entities just certify that the translator is responsible for the implications of the document, not the quality itself.

Q: Does the certification include the original document?

A: There are 3 options here:

  1. The translation is annexed to the original document, stamped, signed and stapled, thus making it unusable
  2. The translation is annexed to a certified copy of the original document, which serves as an original and should have the same legal value (although some entities still request the original)
  3. The translation is annexed to a simple copy of the original. This is usually only used when the documents have no legal value.

Q: Do I need a certified copy of my original document?

A: No, you don’t. The original is always best. However, keep in mind that the original document will be signed, stamped and stapled, so it may become unusable. Consider doing a certified copy of the original if the document is one of a kind and you may need to use it again, like a university diploma, for instance.

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