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What can I do about a crime I was unaware of in my FBI background check for my D7 visa in Portugal?

I am in the process of gathering all my information to apply for my D7 Visa for Portugal. Today, I received an email copy of my required FBI background check and was stunned to learn that on it is a record that says, back in early 1997, I have a record of being "arrested or received" for a forgery charge! I do not recall ever being arrested for anything while living in Los Angeles, but it obviously affects my intention to move to Portugal. I even purchased a house already, which I would not have done had I had any indication this was on such an important record for the visa application. Will I be denied a D7 visa and need to sell my house in Portugal because of this?


Answers
  • NEXT/Gali Macedo & Associados
    July 10, 2023

    In accordance with Portuguese law, a necessary requirement to obtain a temporary residence permit (D7 Visa being one of them) is not having been convicted for a crime punished in Portugal with prison for more than one year. Forgery is a crime punishable in Portugal with imprisonment of up to three years. However, there is the possibility to request local authorities for the removal of the criminal information from the record due to the time that passed since the criminal event.

  • Lamares, Capela & Associados, Sociedade de Advogados
    July 10, 2023

    It will always depend on the type of forgery. However, if in the criminal record you are convicted of the crime of forgery, I would say that, in general terms, it may condition the application for a residence visa, considering that in Portugal this type of crime is punished with a prison sentence of up to 5 years, exceeding the limit of one year allowed to apply for a residence visa.

  • July 08, 2023

    Residency applications shall be denied if the applicant was convicted of a crime that in Portugal is subject to a custodial sentence of more than one year.