Can Turkey deport a foreigner while a criminal investigation is still pending? Learn the 2026 rules on public-order removal decisions, criminal investigations, administrative detention, appeals and protection against removal.

Yes, a foreign national can potentially become subject to a removal decision in Turkey even when a criminal investigation has not resulted in a final conviction. A final criminal conviction is not required for every type of removal decision under Law No. 6458 on Foreigners and International Protection.

However, this does not mean that merely being questioned by police, reported to a prosecutor, named as a suspect or investigated for an alleged offence automatically justifies removal. The immigration authorities must rely on a statutory ground for removal, and a decision based on public order or public security must have an adequate factual basis. Turkey’s Constitutional Court has emphasized that authorities cannot rely merely on abstract assertions of a security threat; sufficiently serious and concrete information must support the administrative assessment.

This distinction is extremely important for foreigners in Ankara, Istanbul, Izmir, Mersin, Bursa and throughout Turkey who simultaneously face criminal and immigration proceedings.

Is a Final Criminal Conviction Required Before Deportation?

Not always.

Law No. 6458 contains several independent grounds for removal. One of the most important is the rule concerning foreigners considered a threat to public order, public security or public health. The official Presidency of Migration Management guidance lists this category separately from removal based on criminal sentencing.

Therefore, immigration authorities do not necessarily have to wait until a criminal prosecution ends with a final conviction if they conclude, on a legally sufficient factual basis, that another statutory removal ground already exists.

This is why criminal and immigration proceedings must be distinguished.

Does Being a Criminal Suspect Automatically Mean the Foreigner Is a Public-Order Threat?

No.

Being investigated and being convicted are fundamentally different.

A criminal investigation means that authorities are investigating whether an offence occurred and whether the suspect was involved. It does not itself establish guilt.

The Constitutional Court’s case law concerning foreigners also indicates that administrative authorities cannot simply make an abstract assertion that a foreigner threatens national security or public order. Particularly in security-related cases, the authorities must provide sufficiently serious information connected to the individual circumstances so that judicial review can meaningfully assess the justification for removal.

Accordingly, the existence of an investigation can be relevant, but its mere existence should not automatically be equated with proof of criminal conduct.

What Is the Difference Between Criminal Proceedings and Removal Proceedings?

They are separate legal processes.

A criminal investigation examines possible criminal responsibility.

A removal proceeding examines whether the foreigner falls within one of the statutory immigration categories permitting or requiring removal.

This distinction explains why a prosecutor may decide not to detain a foreigner while immigration authorities separately consider removal.

It also explains why the eventual termination of a criminal investigation can become highly relevant to an immigration case without automatically cancelling every previously issued immigration decision.

Can Immigration Authorities Act Before the Prosecutor Finishes the Investigation?

Potentially, yes.

If immigration authorities conclude that one of the statutory grounds in Article 54 of Law No. 6458 exists, they may begin the removal process without necessarily waiting for a final criminal judgment.

Official guidance states that removal decisions are issued by the governorates on a case-by-case basis.

This individualized assessment is important. Immigration authorities should examine the particular circumstances rather than apply a blanket rule that every foreign criminal suspect must leave Turkey.

What Types of Allegations Create Higher Removal Risk?

The legal assessment depends on the facts rather than merely the title of the alleged offence. Nevertheless, allegations involving serious violence, organized criminal activity, terrorism-related activity, serious fraud, narcotics, weapons, repeated offending or conduct said to threaten public security may create substantially greater immigration risk than a minor allegation.

Law No. 6458 expressly addresses leaders, members or supporters of terrorist or benefit-oriented criminal organizations and separately covers foreigners regarded as public-order or public-security threats.

The precise statutory ground written in the removal decision therefore matters greatly.

What If the Foreigner Is Released by the Prosecutor?

Release from criminal custody is important but does not necessarily terminate the immigration process.

A foreigner can be released from the criminal investigation and subsequently transferred into an immigration procedure.

The Constitutional Court has previously considered a case in which a foreign national was apprehended in connection with a criminal investigation, released on the prosecutor’s instruction and subsequently transferred to a removal centre under immigration measures based on an alleged public-order or public-security threat.

Therefore:

criminal release does not automatically equal immigration release.

The legal basis for any subsequent removal or detention decision must be reviewed separately.

What If the Prosecutor Decides Not to Prosecute?

That can materially strengthen the foreigner’s position, particularly where the removal decision relied heavily on the same criminal allegation.

However, termination of the criminal investigation does not necessarily cancel an immigration decision automatically. The administration may argue that it possesses separate information supporting a public-order or security assessment.

The key question becomes whether the remaining evidence independently provides a lawful and sufficient basis for removal.

If the criminal allegation was effectively the only factual foundation, termination of the investigation may become especially significant in challenging the administrative decision.

What If the Foreigner Is Acquitted?

An acquittal can also be highly significant.

However, criminal acquittal and immigration review apply different legal frameworks. An acquittal should therefore be placed before the immigration authorities and administrative court promptly, particularly where the removal decision was based on allegations underlying the criminal prosecution.

Administrative authorities must also respect the presumption of innocence and should not simply describe an individual as guilty when criminal responsibility has not been finally established. Constitutional Court guidance emphasizes that public authorities can violate the presumption of innocence if they effectively declare a person guilty before criminal proceedings have resulted in a final conviction.

Can Police Intelligence or Security Information Be Used Without a Conviction?

Potentially, yes, particularly in national-security cases.

The Constitutional Court has recognized that authorities cannot always be required to demonstrate a criminal prosecution or conviction before taking immigration measures relating to national security.

At the same time, the Court has emphasized an important safeguard: a vague statement that the foreigner is dangerous is not sufficient. Authorities must provide sufficiently serious information demonstrating why the person’s activities create the alleged security risk, and courts must meaningfully review those reasons.

This creates an important distinction between absence of a conviction and absence of evidence.

A conviction is not always required. Evidence still matters.

Must the Removal Decision State a Reason?

Yes.

Law No. 6458 requires the removal decision, together with its reasons, to be notified to the foreigner, legal representative or lawyer. Where the foreigner is not represented, information concerning the consequences of the decision and the applicable appeal procedures and deadlines must also be provided.

A foreigner should therefore obtain a complete copy of the written removal decision rather than relying on an oral explanation from police or immigration personnel.

The specific legal ground identified in the decision is critical to preparing a challenge.

How Can a Foreigner Challenge the Removal Decision?

A removal decision can be challenged before the administrative court.

Current official immigration guidance provides a 15-day period from notification for the foreigner, legal representative or lawyer to challenge the removal decision.

This is a very short deadline.

The challenge can address issues such as insufficient evidence, incorrect characterization as a public-order threat, lack of individualized assessment, developments in the criminal investigation, family and private-life consequences, protection against removal and procedural defects.

Is Deportation Suspended While the Court Case Is Pending?

In many cases, yes, but important statutory exceptions exist.

Official guidance states that, without prejudice to the foreigner’s consent, removal is generally not carried out during the judicial challenge period or while judicial review is pending. However, the legislation contains exceptions for specified categories, including certain public-order, public-security and terrorism-related grounds.

For this reason, a foreigner facing a security-based removal decision should not assume that simply filing a lawsuit automatically produces the same protection in every case.

The precise legal ground must be examined urgently.

Can the Foreigner Be Taken to a Removal Centre?

Potentially.

A removal decision and administrative detention are separate decisions.

Official guidance states that administrative detention may be ordered for a foreigner subject to removal where circumstances such as risk of absconding, violations of entry or exit rules, use of false documents, failure to leave within an authorized period or a public-order, public-security or public-health threat exist.

Accordingly, a foreigner released from criminal custody can still potentially be placed under administrative detention for immigration purposes.

Can Administrative Detention Be Challenged?

Yes.

The legality of administrative detention can be challenged separately before the competent criminal court of peace.

This is distinct from the administrative court action challenging the removal decision itself.

A foreigner may therefore need two separate remedies:

one concerning removal;

and

another concerning continued administrative detention.

Confusing these procedures can cause serious loss of time.

Can Turkey Deport Someone to a Country Where They Face Torture?

The removal framework contains important protections.

Article 55 of Law No. 6458 prevents removal in specified circumstances, including where there are serious indications that the person would face the death penalty, torture, inhuman treatment or degrading treatment or punishment in the country of return.

These protections can apply even where the person otherwise falls within a category listed under Article 54.

Therefore, the destination country and the foreigner’s individual risk upon return must also be considered.

What About Serious Health Problems or Vulnerable Persons?

Article 55 contains additional protections relating to certain health and vulnerability situations.

The question is therefore not only whether a statutory ground for removal exists but also whether the person falls within a category that prevents removal.

Medical evidence should be obtained immediately where health conditions are relevant.

Can Family Life in Turkey Prevent Deportation?

Family life can be highly relevant, although it does not automatically prevent every removal decision.

A foreigner may have:

a Turkish spouse;

Turkish citizen children;

long-term residence;

children attending school;

financial and family dependency;

or other strong private and family ties.

These circumstances should be documented carefully and presented in the administrative challenge.

The Constitutional Court has examined removal measures through the protection of private and family life and requires meaningful judicial consideration of the circumstances underlying the interference.

What Evidence Should Be Collected?

A foreigner facing removal during a criminal investigation should preserve:

the criminal investigation file information; release decision; prosecutor’s decisions; court decisions; police statements; witness evidence; expert reports; surveillance or digital evidence; removal decision; immigration records; residence or work permit; passport records; family documents; marriage certificate; children’s records; medical documents; employment records; and evidence showing long-term lawful ties to Turkey.

If the criminal investigation later results in a favorable development, that document should immediately be incorporated into the immigration case.

What If the Criminal Complaint Is False?

False criminal complaints can create severe immigration consequences for foreigners because even an unresolved allegation may trigger administrative attention.

The defense should therefore not focus only on the criminal file.

Evidence demonstrating that the allegation is fabricated, contradictory or unsupported may also need to be submitted in the removal proceedings.

For example, surveillance footage, bank records, location data, messages and witness statements may undermine the factual basis relied upon by immigration authorities.

What If the Foreigner’s Residence Permit Is Cancelled During the Investigation?

This can create an additional removal ground.

Official guidance lists foreigners whose residence permits have been cancelled among the categories potentially subject to removal.

Therefore, a criminal investigation may produce several connected administrative issues:

public-order assessment; residence permit cancellation; removal decision; administrative detention; and possible entry restrictions.

Each administrative act should be identified separately.

Can a Foreigner Continue Working During the Criminal Investigation?

A criminal investigation alone does not necessarily terminate every valid work permit.

However, if the work permit is separately cancelled or employment ends, continuing to work without valid authorization can create another immigration violation.

The foreigner should therefore verify the current status of the work permit rather than assuming that it remains valid throughout the investigation.

Can an Entry Ban Be Imposed?

Potentially.

Removal can have consequences for future entry into Turkey. The immigration authority may impose an entry restriction depending on the legal basis and circumstances.

The foreigner should therefore examine both the removal decision and any separate restriction record.

Successfully challenging the underlying public-order assessment may be important not only for remaining in Turkey but also for protecting future entry rights.

Practical Example: Foreign Employee Accused of Fraud

A foreign manager in Istanbul becomes a suspect after a company shareholder alleges financial fraud.

No indictment has yet been issued.

Immigration authorities cannot treat the existence of the complaint itself as a final criminal conviction. Nevertheless, if they rely on Article 54 and conclude that the foreigner represents a public-order threat, a removal process may begin before the criminal case ends.

The foreigner’s lawyer should therefore defend both proceedings separately and submit evidence showing weaknesses in the criminal allegation to the immigration case where relevant.

Practical Example: Foreign Student Released After Police Questioning

A foreign university student in Ankara is detained following an allegation and later released by the prosecutor.

The student assumes the matter is over.

Police then transfer the student to immigration authorities for assessment.

Release in the criminal investigation does not automatically prevent immigration authorities from examining whether an independent statutory removal ground exists. Constitutional Court case law demonstrates that criminal release and immigration detention can occur sequentially.

Practical Example: Investigation Ends Without Prosecution

A foreign professional in Izmir becomes subject to removal proceedings because of an alleged offence.

Several weeks later, the prosecutor terminates the criminal investigation without prosecution.

That development should immediately be submitted in the administrative proceedings. If the alleged criminal conduct was the primary factual basis for the public-order assessment, the prosecutor’s decision may substantially strengthen the challenge.

Practical Example: Security Investigation Without Criminal Charges

A foreign national in Bursa is not prosecuted but immigration authorities allege that security information indicates activities threatening national security.

A criminal conviction is not necessarily required for such an immigration assessment. However, Constitutional Court standards require more than a purely abstract assertion: authorities must provide sufficiently serious information connected to the person’s conduct to permit meaningful judicial review.

Practical Example: Foreigner Has a Turkish Spouse and Children

A foreign worker in Mersin is investigated for an alleged offence and receives a removal decision based on public order.

The foreigner has lived in Turkey for many years, is married and has children.

The criminal investigation, evidentiary basis for the public-order assessment, family relationships, children’s interests and consequences of removal should all be documented and presented to the administrative court.

2026 Action Plan After a Criminal Investigation Triggers Immigration Proceedings

The foreigner should immediately determine:

Am I merely under investigation or has an indictment been issued? → Have I been detained or released? → Has a formal removal decision been issued? → What exact Article 54 ground is stated? → When was the decision notified? → Is the 15-day court deadline running? → Is administrative detention also imposed? → What evidence supports the alleged public-order or security threat? → Has the prosecutor terminated the investigation? → Is there an acquittal or favorable criminal decision? → Do Article 55 protections apply? → Do I have a spouse, children or substantial family life in Turkey? → Is my residence or work permit still valid? → Has an entry restriction also been imposed?

Frequently Asked Questions

1. Can a foreigner be deported before being convicted of a crime?

Potentially, yes. A final conviction is not required for every removal ground under Law No. 6458. A separate public-order or public-security assessment can potentially support removal.

2. Does a criminal investigation automatically justify deportation?

No. The existence of an investigation does not itself establish guilt or automatically prove that the foreigner represents a public-order threat.

3. Must immigration authorities wait until the criminal trial ends?

Not necessarily. Immigration and criminal proceedings are separate, and authorities can potentially act under an independent statutory removal ground before the criminal proceedings are completed.

4. Can authorities rely on security information without a conviction?

Potentially, yes. However, Constitutional Court case law requires sufficiently serious information rather than an abstract assertion that the foreigner is dangerous.

5. What happens if the prosecutor releases the foreigner?

Criminal release does not automatically terminate immigration proceedings. A separate removal or administrative detention process may still occur.

6. What happens if the investigation ends without prosecution?

That decision can become important evidence against a removal measure based on the same allegations, although it does not necessarily cancel the immigration decision automatically.

7. How long does a foreigner have to challenge a removal decision?

Current official guidance provides 15 days from notification to challenge the removal decision before the administrative court.

8. Can a foreigner challenge administrative detention separately?

Yes. Administrative detention can be challenged before the competent criminal court of peace.

9. Can family ties in Turkey be relevant?

Yes. Marriage, children, long-term residence and other private and family-life circumstances can be important to the proportionality and rights analysis.

10. Can a foreigner be removed to a country where torture is likely?

Article 55 provides protection where serious indications show that the person would face the death penalty, torture, inhuman treatment or degrading treatment or punishment in the destination country.

Legal Assistance for Foreigners Facing Removal During a Criminal Investigation

A criminal investigation involving a foreign national can rapidly develop into two separate legal proceedings: a criminal case and an immigration case. A foreigner should never assume that the absence of a final conviction automatically prevents immigration authorities from considering removal.

At the same time, a criminal accusation alone should not be treated as conclusive proof of guilt. Where removal is based on allegations that the foreigner threatens public order or security, the factual basis, seriousness of the allegations, evidence available to the administration, developments in the criminal investigation and the foreigner’s individual circumstances should all be examined. Constitutional Court case law requires more than an abstract security allegation and emphasizes meaningful judicial scrutiny of the reasons supporting removal.

Firat Fesih Kaya Law Office provides legal assistance to foreign employees, investors, students, executives, professionals and other foreign nationals in Ankara, Istanbul, Izmir, Mersin, Bursa and throughout Turkey concerning criminal investigations, removal decisions, administrative detention, public-order allegations, residence permit cancellation and entry restrictions.

Legal assistance may include coordinating the criminal and immigration defense, examining the evidence relied upon for removal, challenging the removal decision within the applicable period, challenging administrative detention separately, submitting favorable developments from the criminal investigation and presenting family-life, medical and protection-against-removal evidence where relevant.

Phone: +90 312 434 22 22
Mobile / WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Office: Mevlana Boulevard No:221, Yildirim Tower, Balgat, Cankaya, Ankara, Turkey

The key 2026 principle is clear: a final criminal conviction is not required for every removal decision in Turkey, but the mere existence of a criminal investigation does not automatically prove that deportation is lawful. The statutory ground, concrete evidence, individual circumstances and procedural safeguards must all be examined, and the 15-day judicial challenge period makes immediate action particularly important.