The Hidden Visa Dealbreaker: How a Past Conviction Can Block Your Entry to Portugal

27 June 2025
Luís Maria Branco
Luís Maria Branco

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.



by Sara Sbai Oliveira 14 August 2025
Holding a residence permit in Portugal comes with rights - and strict obligations. One of the most common pitfalls for residents is failing to meet the minimum stay requirements. The rules differ by permit type, and mistakes can cost you your residency status.
by Margarida Resende 13 August 2025
In an economic context increasingly shaped by innovation, digital transformation, and technological efficiency, the concept of the start-up has steadily established itself as a distinctive business structure, marked by its agile and innovative response to the demands of a constantly evolving global market.
D6 family reunification visa legal guide for Portugal immigration delays beyond 90 days.
by Margarida Tempera 8 August 2025
D6 visa delayed beyond 90 days? Learn your legal rights and how to use Portuguese administrative law to force AIMA's decision on family reunification applications.
Portugal attracts many EU citizens seeking to live, work, retire, or pursue their studies.
by Sara Sbai Oliveira 4 August 2025
European Union citizens planning to stay in Portugal for over three months (90 days) must apply for a Certificado de Registo de Cidadão da União Europeia (CRUE).
Portugal’s Golden Visa (ARI): Residence Permit for Investment Activity.
by Joana Loureiro Veríssimo 28 July 2025
Bringing children under Portugal’s ARI scheme is a strategic step that strengthens family unity while paving the way toward long-term citizenship and legal security.
This legal framework transposes the EU Free Movement Directive (Directive 2004/38/EC).
by Luís Maria Branco 24 July 2025
Portugal remains one of the EU’s most accessible and welcoming countries, consistently attracting foreign nationals who seek residency and a fresh start.
24 July 2025
A new National Unit for Foreigners and Borders (UNEF) has been created within the Public Security Police (PSP), taking over key responsibilities from the former SEF. UNEF will handle airport border control, visa issuance, foreign nationals oversight, and related operations.
With this Law no. 56/2023, a new category of residence permit was created under Article 89.
by Danielle Avidago 18 July 2025
If you invested €500,000 in property or used an outdated Golden Visa path and were approved before the cutoff, you're now seen as an Immigrant Entrepreneur.
Short-term leases are lawful in Portugal if legal and factual rules are observed.
by Tomás Melo Ribeiro 17 July 2025
Due to stricter AL rules in urban Portugal, many owners now turn to short-term residential leases to earn legal rental income outside tourist accommodation laws.
On 16 July 2025, the Portuguese Parliament approved major changes to immigration law
16 July 2025
On 16 July 2025, the Portuguese Parliament approved major changes to the legal framework governing immigration (Law no. 23/2007). The reform ends the manifestação de interesse mechanism, tightens rules for job-seeker visas and family reunification, and sets a final deadline for transitional applications.
More posts