EU Citizen with a 3d Country Dependent - Lawyers - Difference of opinion among lawyers about the need for a Non-Criminal Record – Visas, Residency & Citizenship – Expats Portugal Community Forum
Share:
Notifications
Clear all

Please feel free to view our Forum, but you must either LOGIN or REGISTER to join in the conversation.

EU Citizen with a 3d Country Dependent - Lawyers - Difference of opinion among lawyers about the need for a Non-Criminal Record


Posts: 2
Community Member
Topic starter
(@gbeen)
New Member
Joined: 1 year ago

==============
Situation

EU citizen (me) has residence in Portugal
Family reunification with 3d Country Dependent

==============
Lawyers - Difference of opinions about Non-Criminal Record

Some lawyers says my wife needs to provide a Criminal Record.
Other lawyers say she does not need to.
==============

On the page regarding "Residence Card For A Third Country National Who Is A Family Member Of An Eu/eea/Switzerland Citizen" there is a list for Required Docs.

On the list of Documents and Requirements ( https://www.sef.pt/en/Pages/conteudo-detalhe.aspx?nID=22#div3) the Criminal Record is not mentioned.

I hope any EU citizens with residence in PT and a 3d-country dependent can share their experiences with me.

---------------
Q1. Did your 3d Country dependent (wife/husband) have to provide the Criminal Record of her/his home country in order to get Residency?
---------------

Thanks so much for any insights.

The fact that several lawyers disagree in this situation is confusing me 🙂

2 Replies




Posts: 2120
VIP Member
(@old-bloke)
Noble Member
Joined: 13 years ago

I believe the lawyer's difference of opinion could be due to the fact that the need to provide a criminal record check isn't (under PT law) allowed to be an automatic requirement. However said law does also allow one to be requested by SEF.

Article 22 of Lei 37/2006, paragraphs 5 and 6 apply (link below) which applies to both EU citizens and their third country citizen family member.

Article 22

Reply




Posts: 2
Community Member
Topic starter
(@gbeen)
New Member
Joined: 1 year ago

Thanks a lot, that would explain why the lawyers have different approaches.

From the lawyers we talked to some where very certain and added that in their dealings with SEF the Criminal Certificate was never asked for.

Others probably want to stay on the safe, "just in case", side.

 

Reply




To post a reply, sign up and become a member!

Premium

By becoming a valued Premium Member today, your support will help the team continue to bring you useful content about life in Portugal. You can also:

JOIN TODAYOnly €25 per year
Share:

Join our community for Free, or subscribe for exclusive member-only content, support and hundreds of €’s in savings

Your membership comes with a 14-day, no-risk, money back guarantee. Love it or we’ll refund your money.

Community Member

Full access to our community Forum
FREE
  • Full access to community Forum

Premium Plus

Exclusive member-only content
€347 Year
  • Full access to community Forum
  • Browse the forum advertising-free (only see our partners)
  • Unlock your ‘12 part Moving to Portugal guide
  • Guaranteed entry to our webinars
  • Savings & freebies from our partners
  • Receive community support
  • Personal email support
  • Access to our private online Group
  • Receive exclusive video content
  • Weekly Q&A call with Carl Munson
  • Personal support
  • And help us grow this website and community
Popular

Premium Member

Exclusive member-only content
€97 Year
  • Full access to community Forum
  • Browse the forum advertising-free (only see our partners)
  • Unlock your ‘12 part Moving to Portugal guide
  • Guaranteed entry to our webinars
  • Savings & freebies from our partners
  • Receive community support
  • Personal email support
  • Receive exclusive video content
  • And help us grow this website and community

Copyright © 2022 Expats Portugal

Marketing by Unity Online