Ask A Question  | Learn more about Portugal

Can four counts of felony from 1982 prevent me from getting a Portuguese visa?

I have four counts of felony grand theft from 1982 on my FBI fingerprint check. It was my only offence. I received no prison time. Instead, since it was my first offence, I received 2 years probation and made restitution in the amount of $2,400. Restitution was completed in a year and a half, and I was released from probation at that time. I have since had no other arrests. Will this prevent me from getting my visa to Portugal to become a resident?


Answers
  • February 09, 2025

    All residence visas / permits for Portugal are subject to the analysis of the criminal antecedents of the applicant. The permit shall be denied if the applicant has been convicted of a crime that, under Portuguese law, would be subject to a punishment with a prison sentence of more than one year, even if this has not been served or its execution has been suspended. A concrete answer would always depend on the content of the applicant's criminal record certificate and the analysis of an expungement proceeding of such charges.

  • Lamares, Capela & Associados, Sociedade de Advogados
    January 27, 2025

    Under Portuguese law, individuals with criminal convictions punishable by more than one year of imprisonment in Portugal are generally ineligible for visas or residence permits. However, since the offences in question occurred more than 40 years ago, they are no longer relevant to your application. Only convictions within the past 5 to 10 years, depending on the nature of the offence, are considered if they meet the criteria of a prison sentence exceeding one year. As your situation does not fall within this scope and you have maintained a clean record since then, the earlier convictions are regarded as no longer applicable. As long as you meet the other legal requirements, I do not anticipate any issues with obtaining your residence permit.