What Happens to Residence Permit, Deportation, and Citizenship if a Foreigner is Detained, Arrested, or Convicted in Turkey?

The initiation of a criminal investigation, the application of detention or arrest measures, or the rendering of a conviction against a foreign national residing in Turkey may also affect the rights the individual holds under immigration law. During this process, various legal issues may arise, such as the revocation of a residence permit, a deportation order, administrative detention, and the evaluation of a Turkish citizenship application.

However, criminal investigations, detention, convictions, the revocation of residence permits, and deportation are distinct legal processes. The detention or arrest of a foreign national does not, in and of itself, mean that their guilt has been established, nor does it automatically result in the revocation of their residence permit or their deportation. For the administration to take action, the conditions set forth in the relevant legislation must be met in the specific case.

In this article, we examine the status of residence permits of foreigners during criminal proceedings, remedies against deportation and administrative detention orders, their potential impacts on Turkish citizenship applications, and the legal deadlines to be considered.

Legal Status of Foreign Nationals in Criminal Proceedings

The initiation of an investigation or the issuance of a detention order against a foreigner is evaluated within the framework of the rules of criminal procedure law. Detention is a protective measure regulated under Article 100 of the Code of Criminal Procedure (CMK); it is not a finalized conviction judgment.

Pursuant to the fourth paragraph of Article 38 of the Constitution and the second paragraph of Article 6 of the European Convention on Human Rights, everyone is presumed innocent until proven guilty according to law. This principle is also of significance in evaluating the legal status of foreigners undergoing criminal proceedings.

Nevertheless, criminal proceedings and administrative processes under immigration law are distinct from one another. Competent administrative authorities may, upon the existence of conditions regulated under the Law on Foreigners and International Protection No. 6458, evaluate deportation or another administrative action without awaiting the final outcome of the criminal proceedings. However, the legality of the action must be reviewed by taking into account its grounds, the specifics of the concrete case, and relevant guarantees.

On the presumption of innocence and the judicial review of administrative acts The decisions of the AYM regarding the presumption of innocence serve as a guiding precedent.

Does the Detention of a Foreign National Affect Their Residence Permit?

The subject of a criminal investigation against a foreigner holding a short-term, family, student, or long-term residence permit in Turkey may require a separate evaluation of their residence permit status. However, it cannot be said that there is a general rule applicable to all residence permits that results in automatic cancellation upon every detention.

The cancellation of a residence permit, the rejection of an extension application, and a deportation order are distinct administrative acts. The legal basis, conditions, and remedy for each act must be determined separately. For detailed information regarding the cancellation of a residence permit, grounds for cancellation of residence permit and cancellation lawsuit you may review our article titled.

Short-term residence permit

Whether a short-term residence permit will remain valid is evaluated within the framework of the conditions for granting the permit and subsequent circumstances. The administration may take action if the statutory conditions cease to exist or if other grounds for cancellation stipulated by law are present. The mere existence of a detention order does not indicate that an automatic cancellation result is reached in every case.

Family residence permit

Regarding family residence permits, the legal status of the foreign spouse or sponsor, the family's livelihood conditions, and other requirements set forth in Law No. 6458 may be significant. Article 35 of the Law stipulates, among the conditions sought for a family residence permit, the requirement of not being convicted of offenses against the family order under certain conditions. Therefore, each specific case must be examined in conjunction with the relevant provision and the situation of the permit holder.

Student residence permit

In terms of student residence permits, statutory residency requirements and relevant administrative procedures are significant alongside educational status. The existence of a criminal investigation does not mean that a student residence permit automatically terminates in every case. The continuation or cancellation of the permit must be evaluated within the framework of the specific case and applicable legislation. For general information on the subject, student residence permit requirements and grounds for refusal you can review our article.

Long-term residence permit

A long-term residence permit is a type of permit that grants the right to reside indefinitely under the conditions stipulated by law. However, Article 45 of Law No. 6458 contains specific provisions regarding the cancellation of long-term residence permits. The existence of statutory conditions, such as posing a serious threat to public order or public safety, may be subject to evaluation regarding the cancellation of the permit.

Under What Circumstances Can a Deportation Order Be Issued?

A deportation decision is an administrative act aimed at removing a foreigner from Turkey. The legal basis of this decision is evaluated within the framework of the grounds for deportation regulated under Article 54 of the Law on Foreigners and International Protection No. 6458.

Paragraph 1(d) of Article 54 of the Law pertains to foreigners who pose a threat to public order, public safety, or public health. However, the application of this provision cannot be reduced solely to the existence of a criminal investigation. The administrative authority's assessment and the concrete grounds for the act are subject to judicial review.

The cancellation of a residence permit may also entail consequences connected to the grounds for deportation separately regulated under Article 54 of the Law. Nevertheless, the cancellation of a residence permit and a deportation decision are not the same administrative act; the legal conditions for each must be examined separately.

Article 59 of the Turkish Penal Code is also significant regarding foreigners sentenced to imprisonment. This provision mandates that the situation of a foreigner sentenced to imprisonment be reported to the Ministry of Interior in order to evaluate whether they will be deported following the execution of their sentence or conditional release. This regulation should not be interpreted to mean that every conviction automatically results in a deportation decision.

For more detailed information on this subject, legal proceedings within the scope of immigration law and residence permit by judicial or administrative authority decision you may review our explanations regarding.

Filing Deadline Against a Deportation Order

Pursuant to Article 53 of Law No. 6458, an action against a deportation decision may be brought before the administrative court within seven days from the date of notification of the decision. The time limit must be calculated based on the date of notification of the decision.

Pursuant to the third paragraph of Article 53 of the Law, subject to the foreigner's consent, the foreigner shall not be deported within the period for filing a lawsuit or, in the event of applying for judicial remedy, until the conclusion of the proceedings. Therefore, it is important that the process of filing a lawsuit and notifying the authority that issued the deportation decision is carried out without delay.

An administrative detention decision and a deportation decision are distinct from one another. Filing a lawsuit against a deportation decision does not automatically annul the administrative detention decision. If the individual is held in a removal center, a separate legal remedy may need to be pursued regarding the administrative detention.

For the relevant legal regulations Legislation Information System and the published amendments Official Gazette must be followed.

Foreign Nationals Who Cannot Be Deported Within the Scope of Article 55 of YUKK

Article 55 of Law No. 6458 stipulates that a deportation decision cannot be taken against foreigners under certain circumstances. In this context, the following conditions in particular may be of significance:

• Persons in respect of whom there are serious indications that they will be subjected to the death penalty, torture, or inhuman or degrading treatment or punishment in the country to which they will be deported.
• Persons for whom travel is considered risky due to serious health problems, age, or pregnancy.
• Persons who have a life-threatening illness and lack access to treatment facilities in the country to which they will be sent.
• Persons falling within the scope of other protection conditions specified in the Law.

The application of these provisions requires an assessment of the individual's situation and the available evidence. Whether a ban on deportation exists must be determined based on the circumstances of each case. Documenting the relevant risks and submitting them to the administrative authorities may be of critical importance.

Administrative Detention and Removal Center Process

Certain foreigners against whom a deportation decision has been issued may be placed under administrative detention if the conditions set forth in Article 57 of Law No. 6458 are met. Administrative detention is an administrative measure distinct from the detention measure in criminal procedure.

The conditions stipulated by law must be met for an administrative detention decision to be issued and for the individual to be placed in a removal center. The lawfulness, justification, and necessity of the continuation of the decision may also be evaluated.

Duration of administrative detention

Pursuant to Article 57 of the Law, the duration of administrative detention cannot exceed six months as a rule. If the deportation procedures cannot be completed due to the foreigner's failure to cooperate or failure to provide accurate information or documents regarding their country, this period may be extended for a maximum of six additional months under the conditions prescribed by law.

Alternatives to administrative detention

Alternatives to administrative detention are regulated under Article 57/A of Law No. 6458. In this context, residing at a specific address, reporting obligations, or other alternative obligations may apply in accordance with statutory conditions. The applicability of alternative measures must be evaluated within the framework of the individual's circumstances and relevant legislation.

Appeal against the administrative detention decision

An application can be made to the criminal judgeship of peace against the administrative detention decision. The law stipulates that the application must be concluded within five days. It is also possible to request a reassessment by asserting that the conditions for the continuation of administrative detention have ceased to exist.

Since the legal remedies against the administrative detention decision and the deportation decision are different, the necessary legal steps for both proceedings must be determined separately.

Do Criminal Investigations or Convictions Affect Turkish Citizenship Applications?

The acquisition of Turkish citizenship is evaluated within the framework of the Turkish Citizenship Law No. 5901 and related regulations. Article 11 of the Law is significant for naturalization through the general procedure, while Article 16 is significant for the acquisition of citizenship through marriage.

In naturalization through the general procedure, the condition that there is no obstacle with regard to national security and public order is required. Similarly, the acquisition of citizenship through marriage requires the absence of any obstacles in terms of national security and public order.

A criminal investigation, prosecution, or criminal record may affect the evaluation of a citizenship application. However, the outcome of the application cannot be determined identically in every case solely by looking at the existence of a criminal file. The nature of the offense, the outcome of the trial, the applicable legislation, and the justification of the administrative decision must be examined together.

Ongoing criminal case

Having an ongoing criminal case during a citizenship application may be significant in the evaluation of the application file. However, a general conclusion should not be drawn that every file will necessarily be treated as a preliminary issue (bekletici mesele) or that the application will definitely be rejected.

The existence of administrative discretion does not mean that the decision is immune from judicial review. The facts and legal grounds upon which the rejection decision is based must be examined within the framework of the relevant legislation.

Acquittal

An acquittal is important in terms of taking the outcome of criminal proceedings into consideration in a citizenship application. The mere fact that a person has been tried in the past does not justify the rejection of a citizenship application in every case. Decisions of the AYM regarding the presumption of innocence also demonstrate the importance of taking the outcome of criminal proceedings into account in administrative processes.

In this regard, explanation of the AYM regarding the consideration of acquittal decisions in administrative judiciary may be examined.

Pronouncement of the Verdict Being Pertained / Postponement of the Pronouncement of the Judgment (HAGB)

The effect of HAGB decisions on citizenship applications must be evaluated based on the provisions of the relevant laws and regulations as well as the specific circumstances of the case. The legal nature of HAGB, the nature of the offense, and the specific legal basis under which the citizenship application is made are of significance.

In the decision of the 10th Chamber of the Council of State (Danıştay), numbered E. 2017/1053, K. 2022/1213 and dated 08.03.2022, the nature of the offense and the specifics of the case were evaluated in a dispute concerning the rejection of a citizenship application through marriage. This decision does not mean that every application involving an HAGB must be automatically accepted; it highlights the importance of evaluating each concrete case on its own merits.

For the citation and text of the decision to the text of the decision of the 10th Chamber of the Council of State (Danıştay) numbered E. 2017/1053, K. 2022/1213 can be reviewed. Decisions of the high courts can also be searched through the official decision search system of the Council of State (Danıştay) .

Revocation of acquired citizenship

Making false statements or concealing material facts during the acquisition of citizenship may result in the revocation of citizenship if the statutory conditions are met. In this regard, Article 31 of Law No. 5901 and other relevant provisions must be examined.

For general information regarding the scope of disclosure obligations in citizenship applications and their potential consequences Turkish citizenship application requirements and legal process you may review our article.

Comparative Legal Status Table

The following table summarizes the primary legal issues a foreigner may encounter regarding residence, deportation, administrative detention, and citizenship applications at different stages of criminal proceedings.

Scroll horizontally to view the full table

Key Considerations in Specific Cases

Transfer of a foreigner released after detention to the removal center

In the event that the conditions set forth in the relevant legislation are met, separate administrative proceedings may be initiated against a foreigner released by the criminal court. A release decision terminates detention in criminal proceedings; it does not automatically eliminate administrative detention or deportation procedures.

In this case, it must first be determined whether a deportation decision and an administrative detention decision exist separately. The seven-day litigation period against the deportation decision, the remedy against the administrative detention decision, and the notification details must be examined without delay.

Citizenship application of a foreigner with an HAGB (Pronouncement of the Verdict's Announcement Being Postponed) record

When evaluating the citizenship application of a person with an HAGB record, the provisions of the relevant laws and regulations, along with the nature of the crime and the specific circumstances of the case, must be considered together. In the event of the application being rejected, the grounds for the rejection decision and the applicable litigation period must also be checked.

Probability of deportation of a foreigner sentenced to imprisonment

For foreigners sentenced to imprisonment, a deportation evaluation may come to the agenda within the scope of TCK Art. 59. However, the deportation procedure is evaluated within the framework of the relevant legislation and the individual's situation. If it is claimed that there is a risk of torture or inhuman treatment in the country to which they will be sent back, the guarantees under YUKK Art. 55 must also be taken into account.

Application Deadlines and Legal Remedies

Accurately determining the application period for administrative actions established against foreigners is important to prevent loss of rights. It should not be assumed that the same litigation period applies to every action.

• Deportation decision: Pursuant to Article 53 of Law No. 6458, an application can be made to the administrative court within seven days from notification.
• Administrative detention decision: There is a legal remedy of applying to the criminal judgeship of peace. The review period stipulated in the law and the scope of the application must also be taken into consideration.
• Revocation of residence permit: The legal nature of the revocation action and the date of notification must be examined to determine the applicable litigation period. The general administrative litigation period and the provisions of special laws must be checked together.
• Rejection of citizenship application: The litigation period must be determined by taking into account the service of the rejection decision, the nature of the transaction, and the applicable procedural provisions.

When filing a lawsuit against administrative actions, attention must be paid not only to the limitation period, but also to the grounds of the action, the method of service, the evidence in the file, and the conditions regarding the prohibition of refoulement, if any.

Frequently Asked Questions

1. Is a foreigner taken into custody for a crime in Turkey deported immediately?

No. Being taken into custody does not automatically result in deportation by itself. However, if the conditions regulated under Article 54 of Law No. 6458 are met, the administration may evaluate a deportation decision. The legal basis of the decision rendered and the application period must also be examined.

2. Can a foreigner be deported while detained in prison?

The detention or imprisonment process and the deportation process are subject to different legal rules. Being in prison does not mean that the person will not be subject to administrative proceedings after release. In each case, the relevant decisions and applicable legislation must be examined together.

3. Does filing a lawsuit against a deportation decision halt the deportation procedure?

Pursuant to the third paragraph of Article 53 of Law No. 6458, reserving the foreigner's consent, it is stipulated that the foreigner shall not be deported within the filing period or, in the event of resorting to judicial remedies, until the conclusion of the litigation. It is important that the application and relevant notification are carried out in due form.

4. Is a residence permit that was revoked for a foreigner acquitted in a criminal case automatically reinstated?

An acquittal decision may be significant in evaluating the legal basis of the residence permit revocation. However, an acquittal decision does not automatically invalidate every administrative action previously established. The legal status of the relevant decision and, if necessary, the path of a new application or lawsuit must be examined.

5. Can a foreigner who receives a HAGB (Pronouncement of the Verdict's Announcement being Postponed) acquire Turkish citizenship?

There is no single answer to this question that applies to every case. The legal nature of the HAGB decision, the nature of the crime, the basis of the application for acquiring citizenship, and the applicable legislation must be evaluated together. In the event of a refusal decision, the lawfulness of the justification may be subject to judicial review.

6. Why might a foreigner released from prison be taken to a removal center?

The release decision of the criminal court terminates the detention within the scope of criminal procedure. However, if the legal conditions for deportation and administrative detention exist, a separate administrative action may be initiated. The relevant remedies against these actions must be evaluated separately.

7. Which authority should be applied to leave the Removal Center?

An application can be made to the criminal judgeship of peace against the administrative detention decision. If there is also a deportation decision, it may be necessary to separately file a lawsuit in the administrative court regarding this decision. It should not be forgotten that the two procedures are distinct from each other.

8. Can a foreigner still be deported if there is a risk of torture in their home country?

Article 55 of Law No. 6458 provides for a prohibition of deportation in cases where certain risks exist. Allegations of the risk of torture, death penalty, or inhuman treatment must be evaluated within the framework of the specific case and evidence. If such risks exist, it is important to submit the relevant documents to the competent authorities.

Conclusion

The detention, arrest, or conviction of a foreigner in Turkey may trigger multiple legal processes where criminal procedure law and immigration law intersect. However, not every arrest means that the residence permit is automatically revoked, nor does every conviction directly mean deportation.

The revocation of a residence permit, deportation decision, administrative detention, and the rejection of a citizenship application must be evaluated as separate proceedings. For each procedure, the legal basis, concrete justification, notification date, and application deadline must be checked individually. Particular attention must be paid to the seven-day period prescribed by law, especially regarding deportation decisions.

Matters such as the foreigner's acquittal, the existence of an HAGB decision, or facing serious risks in the country to which they will be returned may also be significant regarding the relevant procedure. However, the outcome of these matters is determined within the framework of the specific characteristics of the case and the applicable legislation.

Author Information

Atty. Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

Compliance with professional information and the prohibition of advertising: This article has been prepared for general legal informational purposes and does not constitute legal advice or a guarantee of results regarding any specific dispute. The content is presented for informational purposes in compliance with the Union of Turkish Bar Associations Professional Rules and regulations regarding the prohibition of advertising in the legal profession.

Contact Information

Batın Yılmaz Law Firm
Address: Yakuplu Mahallesi, Hürriyet Bulvarı, Skyport Residence, Floor: 12, No: 133, Beylikdüzü / İstanbul
Telephone: +90 532 669 34 90
E-mail: info@batinyilmaz.av.tr
Contact page