As long as the crime you were charged with doesn't translate, to the Portuguese law, to a crime that has a jail time of over a year (in Portugal), you can apply.
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How can I apply for Portugal’s Golden Visa with a minor offense in my criminal background?
I'm an American citizen wanting to apply for a Portuguese golden visa, but I'm worried because I have been sentenced to community service before for trespassing (it was a huge misunderstanding). Could I still apply with a minor offense like this? How is community service categorized under Portuguese law?
Answers
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One can only apply for a residence permit in Portugal if, in their country of origin, they are not convicted of a crime which in Portugal’s legal framework would have a one-year minimum imprisonment sentence. If this criterion is not met, the application for a temporary residence permit will most likely be refused by the Portuguese authorities. Trespassing is a crime that, in Portugal’s current legal framework, is punishable with an imprisonment sentence of up to 1 (one) year. Should the crime be already time-barred (a 5-year period has passed in the meantime), it shouldn’t jeopardize your application. However, we would advise you to check this information with your local authorities, consulate or embassy, and request for the removal of any criminal information from your record due to the possibility of your home country’s authorities communicating this fact. As such, if your criminal record has no registered convictions inscribed in it, it is likely that your application for a temporary residence permit in Portugal shouldn’t face any issues related to this matter.
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According to the Portuguese law, one can be granted Portuguese residence if the criminal record has a felony whose sanction is inferior to 1 year of prison. In the US it is also possible to ask the court to remove offenses from the criminal record in specific situations, it is advisable to see if it's possible.
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Residence permits are granted to applicants who have not committed a crime that in Portugal is punishable by a prison sentence of more than 1 year. Trespassing is punished, in Portugal, with a prison sentence of up to 2 years or with a fine of up to 240 days. This means that the conviction for trepassing, even if with community service penalty, jeopardizes the application for residence in Portugal.
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The criminal record is one of the mandatory documents when applying for any visa application and as such must be clean. According to Portuguese law, conviction of a crime punishable in Portugal by a sentence involving deprivation of liberty of more than 1 year, even if the sentence has not been served or has been suspended in execution, prevents the obtaining of a visa. In this sense, it will be necessary for you to indicate the exact crime you committed, when and the sentence you were given, for more concrete assistance. According to your question, it does not seem that this is the case.
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