The relevant criminal record is to be presented in the residency country one. Notwithstanding, the Immigration Office is allowed to search for any relevant information for purposes of granting a residence permit and guarantee the country safety.
Ask A Question | Learn more about Portugal
If have a shoplifting misdemeanor from a visit to the United States, does that make me not qualified to apply for a D7 visa in Portugal?
I had a shoplifting misdemeanor while a short visit to the States with suspended prison sentence. In my country I have no criminal record and my record is clear. Does this make me qualified to apply for D7 visa for Portugal?
Answers
-
-
One of the documents required to apply for a D7 Visa is indeed the criminal record. However, the criminal record that is required is the criminal record of the country of origin or the country where the applicant has been residing for more than one year. Neither of these being the United States, you may not be denied a visa based on that offense.
-
Residence permits are not granted to applicants who have committed a crime that in Portugal is punishable by a prison sentence of more than 1 year. Theft is punishable, in Portugal, by a prison sentence of up to 3 years, so those who commit it will not be able to obtain a residence permit in Portugal. However, Portugal authorities only require a criminal record from the country where the applicant lives or from the country where he/she has been residing for more than 1 year. If the crime committed does not feature in these two registers, in principle, the applicant can have your request approved. But SEF will take it away if it turns out that this information was omitted.
-
As foreseen by the Portuguese law, one can only apply for a temporary residence permit under the D7 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 criteria 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 commited in a country other than your country of origin (and, as you stated, your criminal record in your home country is clean), it should not prevent you from applying. 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.
Call Us
+1-800-347-9390
