Ask A Question  | Learn more about Portugal

How does my criminal history impact my application for Portugal's D7 visa?

I received a deferred adjudication for theft by check (more then $29 but less than $500) 27 years ago. Would I be denied a D7 visa based on that record?


Answers
  • March 05, 2022

    According to the Portuguese law, a residence permit applicant must comply with an “absence of conviction for a crime that in Portugal is punishable by deprivation of liberty lasting more than one year”. As such, it is necessary to understand what is the correspondence crime under the Portuguese law; also relevant to highlight that for principal applicants, the relevant criminal record in the one of the residency country, although the Immigration Office may request more information regarding the background in the birth country. The crime of theft in Portugal is punishable with imprisonment of up to eight years, depending on whether it is qualified or not.

  • N-Advogados
    February 15, 2022

    To present your application, you will need an application for a criminal record consultation by the Portuguese Foreigners and Borders Service, also known as the SEF. Don't worry about the shoplifting charge.

  • NEXT/Gali Macedo & Associados
    February 15, 2022

    No, in Portugal that determines a jail sentence of less than three years.

  • PaxLegal Law
    February 15, 2022

    The crime reported is punishable in Portugal with a prison sentence of up to three years and being in the criminal record would surely jeopardize the application for a residence permit. However, since the crime was committed 27 years ago, and assuming that the conviction occurred more than 20 years ago, the probability that it is no longer on the criminal record is high. However, we don't know what the jurisdiction of this case is and, as such, we don't know what the term for clearing crimes in that jurisdiction is. If the criminal record is clean, and all the other conditions for the granting of a residence permit are met, there will be no objection to the granting of the D7.