D7 Visa and historic criminal record

Hi Rob, Welcome.

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

https://www.expat.com/forum/viewtopic.p … 42#5212199

(Post #10)

Best Regards

@JohnnyPT Hi Johnny,  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).  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 account  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:

https://www.expat.com/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":

https://www.expat.com/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

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

    -@Browneyedgirl

Hi Browneyedgirl,

Please read this:

https://www.expat.com/forum/viewtopic.p … 42#5212199

( Post #10 )

Excellent attorney:  Carlos Tome in Caldas da Rainha.

Thank you for that   im trying to find out if a 3 year sentence for fraud in the uk  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 record    in the uk it stays on forever   

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

You should read "notes" section here:

https://imigrante.sef.pt/en/solicitar/residir/art77-1/

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

    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
 
    -@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 or  more . Its my understanding  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