Criminal Record Requirements
AIMA requires criminal record certificates from your country of nationality and from any country where you have resided for more than one year during the past five years. This means if you are a US citizen who lived in the UK for two years before moving to Portugal, you need criminal records from both the United States and the United Kingdom. For renewal applications, you also need a Portuguese criminal record certificate in addition to any foreign records that may still be within their validity period.
The criminal record must be a national-level certificate, not a local or regional one. It should cover the entire country and include any convictions, pending charges, or relevant judicial information. Some countries issue different types of criminal record certificates for different purposes. Ensure you request the version intended for international use or immigration purposes, as domestic-use certificates may not contain all the information AIMA requires. If your country issues certificates with different scopes, request the most comprehensive version available.
How to Obtain Criminal Records
The process for obtaining criminal records varies significantly by country. In many countries, you can request a criminal record certificate from the national police, ministry of justice, or a dedicated government agency. Some countries offer online applications, while others require in-person visits to a government office or embassy. For countries where you previously resided but are no longer present, you may be able to apply through that country's embassy or consulate in Portugal or through an online service.
Processing times range from same-day for online services in some countries to several weeks or months for others. Countries with large bureaucracies or where records are not digitized tend to take longer. FBI background checks from the United States, for example, can take several weeks. UK police certificates (ACRO) also require several weeks of processing. Plan your document gathering timeline around the longest-processing criminal record you need, and remember that the document must still be valid when AIMA processes your application, not just when you submit it.
Validity Periods and Timing
Criminal record certificates have limited validity, typically three months from the date of issue. This creates a timing challenge, especially when you need records from multiple countries with different processing times. If one country's certificate takes four weeks to arrive and another takes twelve weeks, the first certificate may expire before the second one is ready. Careful sequencing of your requests is essential to ensure all certificates are within their validity period simultaneously.
The three-month validity applies at the time AIMA reviews your application, not just at the time of submission. Given that AIMA processing times can extend to several months, a certificate that is valid when you submit may expire during the waiting period. If this happens, AIMA will request an updated certificate, which creates additional delay. Some applicants request their criminal records with the longest validity period available and plan their submission timing to maximize the validity window. Discussing timing strategy with your lawyer can help avoid the frustrating cycle of obtaining and re-obtaining criminal records due to expiration.
What If You Have a Criminal Record
Having a criminal record does not automatically disqualify you from obtaining a residence permit in Portugal. AIMA evaluates criminal history on a case-by-case basis, considering the nature of the offense, the severity of the sentence, how long ago the conviction occurred, and whether the offense is relevant to your proposed residence in Portugal. Minor offenses, particularly those that occurred many years ago and resulted in non-custodial sentences, are less likely to affect your application than recent serious crimes.
If you have a criminal record, it is especially important to seek legal advice before applying. A lawyer can help you understand how Portuguese immigration law treats your specific type of conviction, whether spent or expunged convictions need to be disclosed, and how to present your circumstances in the most favorable light. In some cases, providing evidence of rehabilitation, community service, or a clean record since the conviction can help mitigate the impact. Being honest about your criminal history is essential, as attempting to conceal a record that AIMA discovers through its own checks will be viewed much more negatively than proactive disclosure.
Portuguese Criminal Record Certificate
For renewal applications and other situations where you are already resident in Portugal, you need a Portuguese criminal record certificate (certificado de registo criminal) in addition to any foreign records. The Portuguese certificate can be obtained quickly and easily through the Ministry of Justice's online portal or in person at a criminal records office. The online process is straightforward: log in with your NIF or citizen card number, pay the fee, and download the certificate immediately. The fee is modest, typically around €5 to €10.
The Portuguese criminal record reflects any convictions by Portuguese courts during your time in Portugal. It does not include foreign convictions unless they have been specifically registered with Portuguese authorities through international cooperation mechanisms. This is why AIMA requires both Portuguese and foreign criminal records for renewal applications. If you have been a law-abiding resident in Portugal, your Portuguese criminal record will simply state that no criminal records exist, providing one of the simplest documents in your renewal application package.