How does Portugal deal with Golden Visa applicants who have a criminal record?

Answers

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  Tiago Gali Macedo

  NEXT/Gali Macedo & Associados

  March 23, 2021

  As the Portuguese law foresees, one can only apply for a temporary residence permit (either under the D7 Visa or Golden Visa Program) if, in their country of origin, they are not guilty of a crime which in Portugal’s legal framework would have a one year maximum imprisonment sentence. If this criteria is not met, the application for a temporary residence permit will be refused by the Portuguese authorities. In Portugal, the legal framework for a shoplifting crime is of, at least, five years imprisonment time, or payment of a fine. As such, and unless your husband’s criminal record has no registered conviction (probably due to the amount of time that has passed since), his application for a temporary residence permit in Portugal will most likely be refused.

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  Nuno Albuquerque

  N-Advogados

  March 22, 2021

  The granting of a residence permit requires the absence of conviction for a crime that, in Portugal, is punishable by deprivation of liberty for more than one year. According to Portuguese criminal Code shoplifting is punishable with imprisonment up to 3 years. The only way to deal with it would be to request the local authorities for the removal of the criminal information from their record due to the time passed since the commission of the crime.

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  Diogo Capela

  Lamares, Capela & Associados, Sociedade de Advogados

  March 25, 2021

  A shoplifting conviction from 19 years ago should not prevent you from getting a visa because the crime is already time-barred. However, you should go to your local consulate or embassy to verify this situation.