D8 visa with a 19 year old misdemeanor charge?

Member since 01 June 2024

Sarah Van ZNew member01 June 2024 21:44:51

My partner and I are interested in applying for the D8 visa for Portugal. Regarding the criminal background check, since we have no knowledge of Portuguese law and sentencing, if he was charged in 2005 with a misdemeanor DUI, but the federal background check shows the charge as a misdemeanor disorderly conduct drugs with alcohol (from the USA) would either of those charges hold a sentence in Portugal of the year in prison thus preventing someone from getting the D8 visa in Portugal? Thanks so much!

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert01 June 2024 23:10:52

5118

Hi Sarah,

This is the law on driving with alcohol.

If it's only alcohol: If the alcohol level in the blood is equal to or greater than 1.2 g/l, the offence is considered a crime, punishable by up to 1 year in prison.

https://diariodarepublica.pt/dr/legisla … 5-59017299

https://controlauto.pt/seguranca-rodovi … -no-sangue

Sarah Van Z New member

Member since 01 June 2024

Sarah Van ZNew member02 June 2024 00:11:19

@JohnnyPT Thank you for responding! He got his federal check and it only comes back as disorderly conduct. Any idea if that has a similar crime and/or what the jail time would be?

JohnnyPT Portugal Expert

Member since 23 May 2020

JohnnyPTPortugal Expert02 June 2024 07:12:13

5118

It seems to me that the best way is to apply for a D8 visa and see what happens. If your application is rejected, you'll be given an explanation for this. This analysis of sentences by AIMA/SEF is very subjective because they will look at a sentence that occurred 19 years ago in another country, with different legal frameworks. It seems to me that turning to a Portuguese lawyer for information won't help you much either ...