The Hidden Visa Dealbreaker: How a Past Conviction Can Block Your Entry to Portugal
Luís Maria Branco | Lawyer
When applying for a temporary stay or residence visa in Portugal, one of the key requirements is the submission of a recent criminal record certificate. This certificate must be issued by the applicant’s country of nationality and, in certain cases, by any country where the applicant has legally resided for more than one year.
This requirement is not merely procedural. It serves a critical legal function: ensuring that individuals who pose a threat to public order, internal security, or national integrity are not granted the right to enter or remain in Portugal. The relevant legal provision is found in Article 52(3) of the Foreigners Law (Law no. 23/2007, as amended by Law no. 9/2025), which expressly provides:
- “A residence or temporary stay visa shall be refused to nationals of third countries who have been convicted of a crime that, under Portuguese law, is punishable by a custodial sentence of more than one year, even if that sentence was not served or was suspended.”
This means that what matters is not the actual sentence imposed abroad, but how the offence would be classified and punished under Portuguese criminal law. Even if the conviction resulted in no jail time, or if the sentence was suspended or pardoned, the application must be refused if the underlying crime would carry a sentence longer than one year in Portugal.
For example, a conviction for theft, fraud, or certain driving offences might appear minor in the country where it occurred. Still, if that offence is punishable under Portuguese law with a prison sentence exceeding one year, it becomes a mandatory ground for refusal.
This rule applies regardless of the judicial outcome in foreign countries. Suspended sentences, pardons, amnesties, or even enforcement evasion are irrelevant if the offence itself meets the legal threshold in Portugal.
It is also important to highlight that Portugal requires applicants to submit criminal record certificates from any country of legal residence where they lived for more than one year, not just their country of nationality. This reflects the legislator’s intent to ensure a full and accurate assessment of the applicant’s criminal history.
Conclusion
Portugal applies a strict approach when assessing criminal records in visa applications. A conviction that might not be significant in another country may still trigger a mandatory refusal if, under Portuguese law, the offence carries a potential sentence of more than one year in prison.
For this reason, it is essential to assess not just what appears on a criminal record certificate, but how that information is interpreted in light of Portuguese law.
At
LVP Advogados, we regularly assist clients in navigating visa applications where criminal records are involved. If you have any doubts about how a past conviction may affect your application, we strongly recommend seeking legal advice before submitting your request.
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