I am a US citizen who had a minor misdemeanor in the 70s. I had the record sealed in 2018. Which means it cleared the record as if it did not happen. If it shows up on the FBI background check (as a sealed record for instance), will I still be able to qualify for Portugal’s Golden Visa or D7? Are the two visas different in background requirements?
We note that for the Golden Visa and for the D7 visa the criminal record requirements are the same. In this sense, the D7 visa or the Golden Visa can be refused if you have been convicted of 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. We also note that if your criminal record is already clean, there should be nothing on it when you apply for a new document.
The criteria by which Portuguese authorities analyze and approve criminal backgrounds are exactly the same on both Golden Visa and D7 applications. As such, 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. However, should the crime be already time-barred (a 5-year period has passed in the meantime), as it appears to be your case, it shouldn’t jeopardize your application. However, we would advise you to check this information with your local authorities, consulate or embassy, and request the removal of any criminal information from your record due to the possibility of your home country’s authorities communicating this fact. If your criminal record has no registered convictions inscribed in it, it is likely that your application for a temporary residence permit under either the Golden Visa program or the D7 visa in Portugal shouldn’t face any issues related to this matter.
There is no difference between Portugal’s Golden Visa and D7 in terms of criminal background checks.
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