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How strict is Portugal D7 criminal background check requirements?

My wife and I are considering retiring in Portugal. I have an felony aggravated assault conviction from 1996. My sentence did not include jail time, only probation. The conviction was set aside in 2018. Will I pass the background check?

  • NEXT/Gali Macedo & Associados
    September 22, 2021

    As foreseen by the Portuguese law, one can only apply for a temporary residence permit under the D7 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. Felony aggravated assault is a crime that, in Portugal’s current legal framework, is punishable with a two to 10-year imprisonment sentence. However, as the crime is already time-barred since 2018, it should not prevent you from applying. However, we would advise you to check this information with your local authorities, consulate or embassy, and request for the removal of the criminal information from his record due to the time passed since the crime’s sentence was issued. As such, if your criminal record has no registered convictions inscribed in it, it is likely that his application for a temporary residence permit in Portugal shouldn’t face any issues related to this matter.

  • October 06, 2021

    You will have to present your criminal record and the authorities will give their opinion.

  • Lamares, Capela & Associados, Sociedade de Advogados
    September 24, 2021

    If the sentence has already been set aside, and if the crime was committed several years ago, it is possible for you to come to Portugal. In any case, one would have to evaluate your situation to understand exactly what it is.