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If a Chinese native was imprisoned in China due to religion, what would the impact be for a Portugal D7 visa application?

I'd like to ask how about Chinese people from China who can't show a clean criminal record since they were imprisoned due to their religion or belief like the Uyghers, Christians, Tibetans? How will they be able to get the D7 visa from Portugal?

Answers
  • Tiago Gali Macedo
    NEXT/Gali Macedo & Associados
    April 19, 2021

    Presenting a clean criminal record from the country of origin or the country where the applicant has been residing for the past year is a mandatory requirement to obtain a D-7 Visa. Portuguese authorities do not analyse the content or merit of the condemnations in the criminal record. This means that even though the crime committed according to the laws of China, or any other country, is not a crime under Portuguese law, it does not matter for the purposes of D-7 Visa application. Applicants must provide a clean criminal record, if it is not clean, it does not matter which crime was committed, the Portuguese Authorities will not grant a D-7 Visa.

  • Nuno Albuquerque
    N-Advogados
    April 19, 2021

    The criminal record requirement for obtaining the visa is the "absence of conviction for a crime that in Portugal is punishable by deprivation of liberty for more than one year". Meaning, it depends on the time of the penalty. So, to check the eligibility for the D-7 visa, each criminal conviction much be analysed and the penalty compared wth the Portuguese criminal law.

  • Inês Azevedo
    Azevedo Ascenso Migration, Tax & Legal
    April 19, 2021

    The criminal record is a mandatory document that cannot be waived, not even on religious grounds.

  • Diogo Capela
    Lamares, Capela & Associados, Sociedade de Advogados
    April 21, 2021

    The arrest in China for the reasons indicated does not imply that the candidate cannot come to Portugal. Only crimes that are punishable in Portugal, which is not the case here, are an immigration impediment. Therefore, as long as you meet the remaining requirements, you may apply for a D-7 visa.

  • Breno Moreira
    Moreira & Perfeito
    April 22, 2021

    It won’t be a problem as long as this was the only crime committed. To be an issue for the Portuguese visa, it has to be a crime punishable under the Portuguese law with a minimum 3-year sentence.

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