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How will a decades old felony charge in United States impact me from getting a residency visa in Portugal?

I was convicted 50+ years ago in Los Angeles for assault on officer with a deadly weapon. I was attempting suicide and when I opened the door with knife in hand the officer shot me. I was sentenced to probation, which was served. Will this prevent me from applying for and obtaining a residency visa in Portugal?


Answers
  • NEXT/Gali Macedo & Associados
    June 20, 2022

    One can only apply for a residence 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. An assault on officer with a deadly weapon is a crime that, in Portugal’s current legal framework, is punishable with an imprisonment sentence that can vary between 1 and 5 years. However, as the crime is already time-barred (5-year period), 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 the U.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.

  • Lamares, Capela & Associados, Sociedade de Advogados
    June 20, 2022

    The presentation of a criminal record is mandatory in any visa application for a residence permit in Portugal. The rule concerning the criminal record is that, you cannot obtain the Golden Visa if you have been convicted for a crime punishable in Portugal by a penalty involving deprivation of liberty of more than one year, even if the sentence has not been served or its execution has been suspended. However, the crime you committed was long enough ago to be already time-barred under Portuguese law. In this sense, when submitting the application, you can try to invoke this argument, so that they consider that this crime no longer exists.

  • June 18, 2022

    Portuguese law demands that the applicant has a clean criminal record from the residency country. By "clean", it means the absence of a conviction for a crime that in Portugal is punishable by deprivation of liberty lasting more than one year.