Following your inquiry, we would like to inform you that the Portuguese Law establishes, under the general conditions for granting visas, that a residence or temporary stay visa shall be denied to a third-country national who has been convicted of a crime that, in Portugal, is punishable by a prison sentence of more than one year, even if the sentence was not served or its execution was suspended. Taking into consideration that this is a fraud crime, Portuguese law provides various penalties for this type of crime, depending on several aggravating factors. Therefore, to determine the applicable penalty for this crime in Portugal, it is necessary to understand *the specific circumstances of its commission.* If we consider that fraud is punishable in Portugal by a p*rison sentence of up to 3 years*, a conviction for this crime is relevant for visa issuance purposes. However, given that the crime was committed in 2008, 16 years ago, this could be a case of *penalty prescription under Portuguese law*. Accordingly, if the fraud crime is punishable by a sentence of up to 3 years in prison in Portugal, *the penalty expires 10 years after the final judgment of the conviction*. Since 16 years have passed, it appears that the penalty has expired, and therefore, the conviction for this crime is no longer relevant for visa issuance purposes. However, this analysis must be carried out in light of the specific case and the applicable penalty. That said, we cannot guarantee that doubts will not be raised during the evaluation of the visa application, nor can we confirm that this will not be an absolute impediment.
