Will a small theft 20 years ago prevent an American from getting a Golden Visa in Portugal?

Answers

• 

  Diogo Capela

  Lamares, Capela & Associados, Sociedade de Advogados

  June 17, 2022

  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. It is not clear that your small theft would qualify for a one-year conviction, and given the time that has elapsed between the crime and today, the crime is no longer time-barred and should be no longer relevant under Portuguese law.

• 

  Tiago Gali Macedo

  NEXT/Gali Macedo & Associados

  June 09, 2022

  One can only apply for a Golden Visa 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. Theft is a crime that, in Portugal’s current legal framework, is punishable with a 1 to 8 year imprisonment sentence. However, as the crime was committed over 20 years ago, it should not prevent you from applying, as it is already time-barred (5-year period). 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 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.

• 

  Barbara Pestana

  PaxLegal Law

  June 07, 2022

  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. Theft is punishable, in PT, by a prison sentence of up to 3 years, so those who commit it will not be able to obtain a residence permit in PT. However, since the illicit was committed in 1999 it is very likely that your background check is already clean and you won't have any problems with your application.

• 

  Pedro Viegas

  Kleya

  June 07, 2022

  I think that the issue will not be problematic, however, you should attend a lawyer.