There are several facts of criminal nature that may be an obstacle to the granting of a residence permit in Portugal; the practice of any fact that, if known to the competent authorities, would prevent the granting of a visa, or the indication in the Schengen Information System, or SEF's Integrated Information System, for the purposes of non-admission, such as in cases where there is strong evidence of having committed serious punishable acts, or the mere intention to commit them. In the case of a minor felony, the law requires the absence of conviction for a crime that is punishable, in Portugal, by a prison conviction of more than one year. The information provided is insufficient to pronounce in this particular case; anyway, assuming that the crime was committed 21 years ago, and also assuming that the person has lived in Tunisia for more than a year, where they have never committed any crime, I do not foresee any obstacle to the granting of a residence permit, as long as the other legal requirements are met.
Ask A Question | Learn more about Portugal
What are the criminal background requirements to qualify for a Golden visa in Portugal?
I had a felony in the USA 21 years ago due to an address on my ID where I never lived. I was sentenced to probation with no jail time. Now I live in Tunisia with a clean criminal record. Can I qualify for golden visa in Portugal through a property investment?
Answers
-
-
To be eligible to apply under the Portugal Golden Visa program, applicants are required to have a clean criminal record, which means that they should not have any criminal records in any country that they have previously resided in. Along with the Portuguese Golden Visa application, you will need to submit a criminal record certificate from your country of origin/residence (issued within the last three months). You must not have any history of criminal records in any country in which you have lived.
-
As foreseen by the Portuguese law, one can only apply for a temporary residence permit under the D7 Visa if, in their country of origin or residence for over one year, they are not convicted of a crime which, in Portugal’s legal framework, would have a one-year minimum imprisonment sentence. So, taking into account the information provided, this does not seem to be a crime that, by the Portuguese legal framework, is higher than a one-year imprisonment sentence. But we need to have more information to better understand the legal framing of this specific crime.
-
According to the Portuguese law, an applicant for a residence permit must comply with an “absence of conviction for a crime that in Portugal is punishable by deprivation of liberty lasting more than one year”. As such, it is necessary to understand what is the corresponding crime in the Portuguese law; also relevant to highlight here is that for principal applicants, the relevant criminal record is that of the residency country, although the Immigration Office may request more information regarding the background in the applicant's birth country.