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How would an old arrest record with no charges filed affect my eligibility for Portugal’s D7 visa?

My wife and I are applying for a D7 visa. We are normally eligible with recurring income and savings deposits. Plus, I am a long time business executive and will work on startup businesses there. However, I found out that I have a U.S. FBI criminal history record from when I was 18 years old because I was arrested one time. The reason was assault and defacement but it was a complete misunderstanding. No charges were filed but my fingerprints and arrest record still exist. How would this affect our application?


Answers
  • NEXT/Gali Macedo & Associados
    September 16, 2022

    One can only apply for a residence in Portugal 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 criterion is not met, the application for a temporary residence permit will most likely be refused by the Portuguese authorities. Assault and defacement is a crime that, in Portugal’s current legal framework, is punishable with an imprisonment sentence of up to 3 years. However, as the crime is already time-barred (5 year period), it shouldn’t jeopardize your application. 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.