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Will a conviction from 10 years ago impact my application for Portugal's golden visa?

I have read on the forums that when Portugal looks at the criminal record that there is a "time-bar." Meaning, it seems that crimes committed some amount of time ago would not count against me. Is this true? If so, what is the time-bar: 5 years, 10 years? When I was younger I received 2 DUIs, the second and last one happening about 11 years ago. Before I start jumping through hoops and getting a international lawyer to help me and my family navigate getting the golden visa, I want to know if I ( thus we ) are even able to do that.


Answers
  • Lamares, Capela & Associados, Sociedade de Advogados
    June 17, 2022

    The rule concerning the criminal record is that you cannot obtain the Golden Visa if you have been convicted for a crime punishable in Portugal by a penalty involving deprivation of liberty of more than one year, even if the sentence has not been served or its execution has been suspended. The DUI would qualify for a one-year conviction in Portugal. However, given the time that has elapsed between the crime and today, the crime is no longer time-barred and should be no longer relevant under Portuguese law.

  • NEXT/Gali Macedo & Associados
    May 25, 2022

    One can only apply for a Golden Visa if, in their country of origin, they are not convicted of a crime which in Portugal’s legal framework would have a one-year minimum imprisonment sentence. If this criteria is not met, the application for a temporary residence permit will most likely be refused by the Portuguese authorities. DUI is a crime that, in Portugal’s current legal framework, is punishable with a maximum imprisonment sentence of 1 (one) year. Therefore, it shouldn’t jeopardize your application, even it is already time-barred (5 year period). However, we would advise you to check this information with your local authorities, consulate or embassy, and request for the removal of any criminal information from your record due to the possibility of the U.S. authorities communicating this fact. As such, if your criminal record has no registered convictions inscribed in it, it is likely that your application for a temporary residence permit in Portugal shouldn’t face any issues related to this matter.