I am applying for a Portuguese Golden Visa and understand that my DUI from 20 years ago will not affect my application under Portuguese law. However, what about when I want to apply for Portuguese citizenship 5 years later? Are the rules different then?
Citizenship rules in terms of criminal records are different from the ones applicable in the residency programs. According to the Portuguese citizenship law, the candidate must prove that he has not been convicted, with a final sentence, with a prison sentence equal to or greater than 3 years, for a crime punishable under Portuguese law.
The citizenship will be granted if, in addition to fulfilling the other requirements for naturalization (such as – but not only – knowledge of the Portuguese language), the applicant hasn’t been convicted by final and unappealable sentence of imprisonment of three years or more for a crime subject to punishment under Portuguese law.
A DUI sentence that is already time barred for 20 years may not jeopardize neither your Golden Visa nor your nationality applications, as the same rules apply for both of them. We would however 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 when you file your nationality application before the Portuguese Authorities.
When applying for Portuguese nationality for the time of legal residence in Portugal, it is indeed necessary to submit a criminal record. In this sense, nationality can only be acquired by those who have not been convicted with a prison sentence equal to or exceeding 3 years, for a crime punishable under Portuguese law. However, driving under the influence of alcohol in Portugal is not punished with the imprisonment sentence exceeding 3 years, and therefore, in no way interferes with the application for Portuguese nationality.
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