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Hi Rob, Welcome.

Look at "Old criminal history" at the bottom of this post:

/forum/viewtopic.p … 42#5212199

(Post #10)

Best Regards

@JohnnyPT Hi Johnny,Ìý Thanks for your reply, I can't find anything on the links you sent me regarding expiration of criminal records for Portuguese visa purposes (actually can't find anything on the internet anywhere).Ìý Any suggestions thx

If your criminal record expires you must request for an updated one. What expires are the crimes, counting from the date of completion of the sentence imposed. Check my previous link:

The law (Art.11, Law nº37/2015, of 5 May) provides for the following time limits, counting from the date of completion of the sentence imposed:

- Conviction for crime against sexual freedom and self-determination: 25 years;

- Conviction for another crime with a prison sentence of more than 8 years: 10 years;

- Convicted of another crime with a prison sentence between 5 and 8 years: 7 years;

- Conviction for another crime involving imprisonment for less than 5 years, or a main fine: 5 years;

- Conviction for another crime in substitute sentence for the main penalty: 5 years;

- Sentencing remission decisions: 5 years.

It is important to point out that if, during the time limits, another crime is committed and there is a conviction, the counting of the time limit is interrupted. With the exception of the counting of the time limit for cancellation of the decisions to waive sentence.

After the above-mentioned time limits, the crimes in question are definitively erased from the criminal record, to which the law gives the name of Definitive Cancellation.

Thanks Johnny, so although my crime (as its custodial!) stays on my UK Acro police record for 13 years, based on Portuguese law they won't take this into accountÌý as the time limit has expired if it was in Portugal?

In your case, as the crime happened more than 5 years ago, and you had a conviction of less than 5 years, it seems to me that it would fit into this Portuguese law, so I see no problem to applying for a visa in Portugal.

But if you have any doubts, you can ask a portuguese solicitor for advice.

Solicitors, Lawyers & Administrative division of Portugal:

/forum/viewtopic.php?id=941009

Best Regards

@JohnnyPT Thanks alot, I will speak to a solicitor

@JohnnyPT Hi, I hope you can help me, Im planning to retire in Portugal , Im convicted last 1996 for consensual conduct with a minor ( SO) stay in jail and off probation after 2 years. Do you I have a problem for getting a retirement visa? What do I need to do ?

@Wenzelcm,

Please read this thread regarding "Old criminal history":

/forum/viewtopic.p … 07#5434174

@JohnnyPT Base on my understanding , looks like I don't have a problem getting a visa. Thank You.

I try to apply later and hoping for a good result.

Thank You

has anyone used a portuguese lawyer for help with criminal records when try to get residency and what was the outcome please

Ìý Ìý has anyone used a portuguese lawyer for help with criminal records when try to get residency and what was the outcome please
Ìý Ìý

Ìý Ìý -@Browneyedgirl

Hi Browneyedgirl,

Please read this:

/forum/viewtopic.p … 42#5212199

( Post #10 )

Excellent attorney:Ìý Carlos Tome in Caldas da Rainha.

Thank you for thatÌý Ìýim trying to find out if a 3 year sentence for fraud in the ukÌý six years ago will be classed as stepped down under portuguese rules that say 5 years after offence for this length of sentenence are wiped from your recordÌý Ìý in the uk it stays on foreverÌý Ìý

or if its not allowed now is there a time itÌý will be

You should read "notes" section here:

Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year;

My husband has a conviction from 32 years ago in the U.S. in which he served 10 years for conspiracy to distribute. What are his chances of being approved for the D7 visa? Thank you

Ìý Ìý My husband has a conviction from 32 years ago in the U.S. in which he served 10 years for conspiracy to distribute. What are his chances of being approved for the D7 visa? Thank you
Ìý
Ìý Ìý -@Dcarter

One of the conditions for a visa to be approved is the criminal record:

Absence of conviction for a crime which in Portugal is punishable by a custodial sentence of more than one year;

Thank for the information here on crimes committed 35 years orÌý more . Its my understandingÌý crimes from that long ago will keep you getting a visa ,given no other crime has taken place . Thank you

The information from this group is extremely. Thank you

Hi Johnny,

I have a temporary residence card in Portugal and have to two six months period in each year for the next two years. I have completed my first 6 months and will start the next 6 months after January. I intend to apply for the Portuguese citizenship, however I have a criminal record going back 31 years ago. The offence was obtaining property by deception. I received a 6 months suspended sentence for two years then. This is the only crime which I was set up for and neither before nor after I have had even a parking ticket. Would I be rejected if I apply for citizenship?

thank you

@Beninuk1996,

As far as your criminal record is concerned, that's not a problem because you haven't been sentenced to 3 years or more in prison for that crime (1). But you must have lived in Portugal for the last 5 years and have sufficient knowledge of the Portuguese language (with a Portuguese exam - certificate A2).

You have some support here:

(1)

(2)

/forum/viewtopic.php?id=915197

Thank you for your quick reply. I’m currently living in Portugal and attending an approved centre for A1/A2 Português language test which will be in June. My lawyer applied for my residency as an investor and I was told that I needed to stay in Portugal for 183 days in the first year and 183 days in the second year for their residency permit to become permanent. I was told further that the time to obtain citizenship has been reduced from 5 years to three years.is this true?

kind regards

My lawyer applied for my residency as an investor and I was told that I needed to stay in Portugal for 183 days in the first year and 183 days in the second year for their residency permit to become permanent. I was told further that the time to obtain citizenship has been reduced from 5 years to three years.is this true?
kind regards - @Beninuk1996

You're misinformed.

1. A permanent residence permit must be applied for if the citizen has held a temporary residence permit for at least five years.

2.Ìý To obtain citizenship, the minimum is five years of legal residency.

Thank you for your response. Does it mean you have to live in Portugal 365 days a year or is there a minimum requirement for each of the 5 years?

thank you

Thank you for your response. Does it mean you have to live in Portugal 365 days a year or is there a minimum requirement for each of the 5 years?
thank you - @Beninuk1996

/forum/viewtopic.p … 42#5345092

(Post #21)

@JohnnyPT

After the above-mentioned time limits, the crimes in question are definitively erased from the criminal record, to which the law gives the name of Definitive Cancellation.

This I take it is if the crime is committed in Portugal but crimes committed in England which carry a prison sentence are never cleared. Does this statement mean

that the Portuguese immigration authority counts the crimes as spent if you like and are ignored?

Your criminal record will be analysed, even if those criminal records have not been erased, even though they occurred 31 years ago. According to what you've said, I don't think there's any problem, but your lawyer can advise you better. That's what he's paid for, isn't it?...

I am applying for PT citizenship from the US via my husband who has duel American and Portuguese citizenship. I have an ARREST, no conviction, on my FBI report. The charges were dropped and I have court papers showing my ARREST has been "sealed"Ìý My question is, will a dismisses ARREST that was dropped, keep me from being approved for PT citizenship? And do my court papers need to be apostilled? The arrest was about 7 years ago.

Hi @tinasimoes74,

One of the requirements is that you have not been sentenced to three years' imprisonment or more for an offence that is punishable in Portugal.Ìý If that's not your case, there won't be a problem.

@JohnnyPT

Oh good! I waited all this extra time to have my record of arrest sealed, spent nearly $2000 to do so, and probably didn't need to lol