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Would a 30-year old felony affect my D7 application for Portugal?

Thirty years ago I got charged with a class 4 felony for pulling a fire alarm. I was 17, and it was my only offense, so I was told it would be degraded to a misdemeanour and wiped from my record. While getting prepared for a D7 visa for Portugal, today I discovered that the charge still shows up. Will this be a problem for my application?


Answers
  • Lamares, Capela & Associados, Sociedade de Advogados
    March 05, 2025

    Following your inquiry, we would like to inform you that the Foreigners’ Law establishes under the general conditions for granting visas that a residence or temporary stay visa shall be denied to a third-country national *who has been convicted of a crime that, in Portugal, is punishable by a prison sentence of more than one year,* even if the sentence was not served or its execution was suspended. This legal provision exists to prevent the entry of individuals who may pose a danger or threat to public order, security, national defense, or public health. Taking into account that the crime you committed falls under a Class 4 felony, and despite being considered of lesser severity, Portuguese law classifies such crimes with a penalty of up to one year of imprisonment or a fine (Article 306 Penal Code). Therefore, during the visa application process, authorities may request further clarifications or, in some cases, refuse the visa if they determine that the crime meets the conditions previously mentioned. However, considering that the crime was committed 30 years ago, when you were 17 years old, and that Portuguese law stipulates that the offence is time-barred within 15 years, it can be argued that this rule cannot be applicable in your case.

  • February 20, 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.