As a lawyer specializing in Portuguese immigration, I can say that an isolated and old traffic violation, such as the obvious one, will be an impediment to obtaining a D7 visa in Portugal, especially considering the following factors: 1. Nature of the Offense The D7 visa attracts residents with their own income (retirees, pensioners or holders of passive income). The relevant criminal classification is the existence of a serious criminal record that may indicate a danger to public order, security or public health in Portugal, under the terms of article 77 of Law no. 23/2007 (Aliens Law). A minor offense of reckless driving (“reckless operation”) that does not involve violence, drug trafficking, or crimes against people, especially in jurisdictions such as the USA, is normally considered to have a low migratory impact. 2. Time Elapsed The fact that the offense occurred 15 years ago and that there has been no reoffending is a highly favorable factor. In practical and legal terms, this type of notification, with this history and time distance, is not sufficient to justify visa refusal, unless the current criminal record demonstrates risk. 3. VFS Global requirement During the D7 visa application process, it is common to: Certificate of criminal record from the country of origin (e.g. FBI in the USA); This certificate must be clean or present any observations that are not prohibitive according to the proportionality assessment by the Portuguese authorities. Important: If the certificate presents the notification, a complementary document may be required when requesting a visa (e.g., a court decision, rehabilitation statement, or certificate of good behavior later).
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Could a Traffic Misdemeanor keep my spouse from getting a D7 Visa in Portugal?
Fifteen years ago my husband got a boat/reckless operation conviction after a plea. He was 57 years old at the time and never had any type of criminal charges. He is now 72, and this is the only thing on his record.
Answers
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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.
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Your spouse would only be excluded from obtaining a visa if he has been convicted of a crime that, in Portugal, is punishable by a custodial sentence of more than one year, even if this has not been served or its execution has been suspended. Therefore, if your spouse has not been convicted of a crime for which a custodial sentence of more than 1 year was imposed, even if it has not been served or its execution has been suspended, there will be no issue, provided he has no other criminal record.