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Note · Law no. 6458 m.40 · m.24

Your Student Account Was Used for Fraud in Türkiye — the criminal file and your residence permit run on different clocks

The criminal file and your student residence permit are decided by different authorities under different laws, and the immigration one usually moves first. Under Article 40 of Law no. 6458 a student permit can be refused, cancelled or left unextended before any court has decided whether you did anything at all. The extension deadline in Article 24/2 does not pause because you have become a suspect.

Section 01

Two files, opened by two authorities

It usually starts with the account rather than with the police. Under CMK 128/A a bank, payment service provider or crypto-asset service provider may itself suspend an account for up to forty-eight hours on reasonable suspicion of qualified fraud, and the suspension goes straight to the public prosecutor with the account movements attached. By the time you are called in, a file exists and your transaction history is already in it.

The charge, when it comes, is not lending out an account. Turkish law has no such offence. It is qualified fraud under TCK 158/1-f, committed by using information systems, banks or credit institutions as an instrument, with you named as a participant in it. Since 31 July 2026 there is a mandatory half reduction in TCK 158/4 where participation was limited to handing over the card, the credentials or the information needed to operate the account. That paragraph, and the word limited that governs it, are set out on the money mule accounts page.

None of that decides whether you stay. That is decided in a different building. Under Article 25 of Law no. 6458 the refusal, cancellation or non-extension of a residence permit applied for inside Türkiye, and the service of those decisions, are the governorate's work. The provision requires your family ties in Türkiye, the length of your residence, your position in your country of origin and the best interests of any child to be taken into account, and it allows the decision to be postponed. It also requires the notification to tell you how to use your rights of objection effectively. Nobody at that desk is waiting for the criminal court.

Section 02

Article 40, and the assessment that sits behind it

Article 40 of Law no. 6458 is the provision to read first. A student residence permit is not granted, is cancelled where it has been granted, and is not extended, where:

  • the conditions in Article 39 are not met or cease to exist;
  • evidence emerges that the studies cannot be continued;
  • the permit is found to have been used for a purpose other than the one it was granted for;
  • a valid deportation decision or entry ban exists against you.

The first of those is what a fraud file reaches. Article 39 sets three conditions, and the second is that you must not fall within Article 7. Article 7 covers, among others, the foreigners listed in Article 15/1 even where they are visa-exempt — and Article 15/1(c) is those considered objectionable in terms of public order or public security. That is an administrative assessment. It does not require a conviction and it is not made by a judge.

Notice what Article 39 does not contain. For a short-term permit, Article 32/1(ç) allows a criminal record certificate from your own country to be requested. The student permit conditions ask for no record at all. The exposure here does not come from a record check; it comes from the public-order assessment above it.

The second ground catches what students rarely anticipate. If you are remanded, or the university suspends you while the file runs, the material for the studies cannot be continued assembles itself. Article 26/1 helps only partly: time spent in prison as a remand prisoner or convict, or in administrative detention in a removal centre, is not treated as a breach of the residence permit period. The same paragraph then provides that those permits may be cancelled.

Section 03

The dates the two files run on

Almost every bad outcome in this area is a date that passed rather than an argument that failed.

Point in timeWhat the statute providesSource
Sixty days before expiryExtension applications are made to the governorate from the point at which sixty days remain, and in every case before the permit period expiresLaw no. 6458 art. 24/2
On filing the extensionYou are given a document not subject to any fee; with it you may remain in Türkiye even after the permit period has ended, until a decision is takenart. 24/2
Where you fileStudent permit applications are among those that may exceptionally be made to a governorate inside Türkiye rather than to a consulate abroadart. 22/1(ç)
Ten daysA deportation decision is taken about a permit holder who, without acceptable justification, exceeds the expired permit period by more than ten daysart. 54/1(g)
Ten daysAnd about a foreigner whose extension application is refused and who does not leave Türkiye within ten daysart. 54/1(j)
Seven daysApplication to the administrative court against a deportation decision, running from notification. That court's decision is finalart. 53/3
Fifteen to thirty daysThe period given to leave Türkiye, where the deportation decision states oneart. 56

The seven days are the sharpest of these, and there is no appeal at the end of them. What that route involves, and the entry ban that follows removal, are set out on the deportation and entry bans page.

Section 04

Where the two clocks collide

The court will not let you leave

If you were released under judicial control, the first obligation on the statutory list at CMK 109/3(a) is not to leave the country. Read that against Article 54/1(j): the extension is refused, you are given ten days to go, and a criminal court has forbidden you to go. Neither authority resolves the contradiction for you. It has to be raised, in writing, in both files. How the ban is imposed, reviewed and challenged is on the travel ban page.

Two grounds that need no conviction

Article 54/1 lists those about whom a deportation decision is taken. Subparagraph (a) runs through TCK 59 and needs a sentence first. Two others do not. Subparagraph (ç) covers those who obtained their livelihood by illegitimate means during their stay in Türkiye — and a commission credited to a student account reads exactly that way on a statement. Subparagraph (d) covers those assessed as a threat to public order, public security or public health.

The word "job"

These arrangements are usually presented to students as paid work, and Article 41 is unforgiving about that. Students in formal associate, bachelor, master's and doctoral programmes may work only if they hold a work permit, and for associate and bachelor students the right to work does not begin until after the first year. Article 54/1(ğ) then makes working without a permit a deportation ground in its own right. A first-year student who describes the arrangement to an officer as a part-time job has supplied material for the fraud file and for the immigration file in a single sentence.

Section 05

What the first week actually decides

Three things are worth doing before anything else, and they are not the things most people do.

  • Keep the permit alive on its own timetable. Being a suspect is not a reason to let an extension date pass. The fee-free document under Article 24/2 is what keeps your presence lawful while the file runs, and it exists only if the application was filed before the permit expired.
  • Do not explain the account at the branch or the station. An account explained in Turkish, without a lawyer and without an interpreter, becomes a signed record. Every later version of the facts is read against it — first by the prosecutor, later by the governorate.
  • Read your own record before an authority reads it to you. Judicial and archive records under Law no. 5352 surface in residence and work permit applications years afterwards, and an archive entry can sit behind a certificate that looks clean. What the two records are, and when erasure is available, is on the criminal record page.

The immigration side of this is a consequence, not the case. Both files turn on one question asked in the criminal one: whether your part was limited to handing something over, whether it went further than that, and whether you knew what you were handing over at all. That question, the July 2026 paragraph built on it, and the records a file of this kind is actually decided on are set out on the money mule accounts page.

Section 06

Questions students ask

My permit expires next month and the criminal file is nowhere near finished. What do I do first?
File the extension. Under Article 24/2 of Law no. 6458 extension applications are made to the governorate from sixty days before the permit expires, and in every case before it expires. Filing gives you a document that is not subject to any fee, and with it you may remain in Türkiye after the permit period has ended until a decision is taken. Waiting for the criminal file to clarify itself is the one move that cannot be repaired later.
I was questioned and released without being charged. Can my student permit still be cancelled?
Yes. Article 40 operates on its own conditions, and the one that bites runs through Article 39/1(b) to Article 7 and on to Article 15/1(c) — foreigners considered objectionable in terms of public order or public security. No conviction is required for that assessment. The same is true of the deportation grounds in Article 54/1(ç) and 54/1(d).
I am being held. Have I broken my residence permit by being in prison or a removal centre?
No. Article 26/1 provides that time spent in prison as a remand prisoner or convict, or in administrative detention in a removal centre, is not treated as a breach of the residence permit period. The same paragraph, however, allows the permit itself to be cancelled while you are there. If a deportation decision is served, the seven-day application to the administrative court under Article 53/3 starts running from notification, wherever you are being held.
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