When I applied for the Portuguese D7 visa, I had to obtain an FBI report that erroneously stated that I was charged with delivery of a controlled substance and that my probation was set to 2 years. Portugal rejected my application because, apparently, I had a conviction that went over 1 year. But I was never convicted. I entered into a rehabilitative intervention in lieu of conviction program, and a finding of guilt was held in abeyance while the court stayed my initial plea of guilty. I appealed this decision by submitting court documents to prove that my charges were for possession only, and that the FBI report itself was incorrect. However, Portugal rejected my appeal again and cited the initial reason as the cause for rejection. I contacted the state that was responsible for publishing the wrong data in my FBI report, and provided them with the court documents I shared with Portugal during my 1st appeal, and asked them to remove the data because it was expunged/sealed. They removed that data from my FBI report, and I appealed for a second time using the clean FBI report showing no charges. Is Portugal likely to approve my D7 visa application now? Why would they state that I have a conviction when I clearly entered an intervention instead of a conviction program that is meant to avoid conviction for first-time offenders?
In fact, the residence visa is denied to a third-country national who has been convicted of a crime punishable by more than one year in prison under Portuguese law, even if the sentence was not served or its execution was suspended. However, if this was due to an error and the criminal record has been corrected to show no convictions, it is possible to submit a new residence visa application for Portugal. Even so, this analysis always depends on the review of the document.
An intervention or a suspension are irrelevant. The visa shall be refused if the conviction — under Portuguese law — is punishable by more than one year. That is the rule. The key take is punishable is different than punished. How we have approved Residence & Golden Visas with minor past convictions: Compliance: Comparative legal analysis. Portugal embassy & AIMA: Tailored written legal opinion complying with visa documentation. Narrative: Evidence of rehabilitation, clean conduct certificates, positive social or economic contributions. Legal fundamentals: Equivalence in common law — conduct overseas may carry heavier penalties than in Portugal. Presumption of innocence — still under appeal. Ne bis in idem — no one can be punished twice for the same act. Time-barring — most convictions expire after 2–15 years. Recent cases: USA: DUI — equivalent offence in Portugal carries up to one year. UK: Dangerous driving while intoxicated — up to 3 years, still under appeal. Presumption of innocence. Australia: Property damage — initial rejection overturned using ne bis in idem and rehabilitation evidence.
+1-800-347-9390
