How can I be eligible for EU residency with two old DUI convictions in my criminal record?

Answers

• 

  Diogo Capela

  Lamares, Capela & Associados, Sociedade de Advogados

  December 21, 2023

  In order to be granted a residence permit in Portugal, regardless of whether or not you have served a prison sentence, your residence permit will be refused if you have been convicted of a crime that carries the possibility of a prison sentence of more than one year. In Portugal, it is only possible to impose a prison sentence for driving under the influence of alcohol if the blood alcohol level is equal to or greater than 1.2 g/l, where the offense is considered a crime. You did not share what was your blood alcohol level on the DUI convictions. Assuming they were minor offenses, there won't be any problems when the immigration authorities do the criminal background check.

• 

  Tiago Gali Macedo

  NEXT/Gali Macedo & Associados

  December 14, 2023

  In accordance with Portuguese Law, a necessary requirement to obtain a temporary residence permit (D7 Visa being one of them) is not having been convicted for a crime punished in Portugal with prison for more than one year. DUI is a crime punishable in Portugal with imprisonment of up to one year, so it must not be a problem. Nonetheless, there is the possibility to request local authorities for the removal of the criminal information from the record due to the time that passed since the criminal event, which is advisable.

• 

  Tatiana Nikonova

  IGOLAW SLP

  December 13, 2023

  Please be advised that this is a general requirement for any migration program in Spain. In order to be able to evaluate your chances of obtaining residence in Spain, we need to know what kind of criminal records you have, whether they are canceled already or not, etc.