Actor Jussie Smollett will not be returning to TV show Empire.

On Tuesday, Fox announced it is renewing the drama for a sixth season but without Smollett's character, at least for now.

'By mutual agreement, the studio has negotiated an extension to Jussie Smollett’s option for season six, but at this time there are no plans for the character of Jamal to return to Empire,' the media corporation said in a statement, as reported by Variety.

Out: Actor Jussie Smollett, 36, will not be returning to TV show Empire. Fox announced Tuesday it's renewed the show for a sixth season with no plans for his character Jamal

The fact Fox negotiated 'an extension' to Smollett's contract means that technically he could make a return at some later point.

But it might also just be the result of a bargain struck between the actor and the network which would see him paid by Fox in return for picking up his option even though he won't be back on screen.

A rep for Smollett told THR.com: 'We've been told Jussie will not be on Empire in the beginning of the season but he appreciates they have extended his contract to keep Jamal’s future open.'

'Most importantly he is grateful to Fox and Empire leadership, cast, crew and fans for their unwavering support.'

The news comes one week after Smollett, 36, met with Empire season five showrunner Brett Mahoney in New York.

A rep for Smollett told THR.com: 'We've been told Jussie will not be on Empire in the beginning of the season but he appreciates they have extended his contract to keep Jamal’s future open'

Smollett was removed from the last two episodes of Empire's fifth season following his arrest. His final appearance on the show aired last week in which his character Jamal married his boyfriend Kai, played by Toby Onwumere

In January, Smollett claimed he was the victim of a racist and homophobic attack.

Chicago police accused Smollett of making up the hate crime story and he was arrested in February on felony charges of filing a false police report.

He maintained his innocence and prosecutors dismissed criminal charges against him in March.

However, the city of Chicago has filed a lawsuit against him seeking to recoup the cost of the police investigation.

Smollett was removed from the last two episodes of Empire's fifth season following his arrest.

His final appearance on the show aired last week in which his character Jamal married his boyfriend Kai, played by Toby Onwumere.

California native Smollett has been acting professionally since he was a child but only achieved name recognition after being cast in Empire in 2014.

His role as Jamal Lyon, the gay musician son of music mogul Lucious Lyon, played by Terrence Howard, and his wife Cookie, played by Taraji P.Henson, was considered groundbreaking for its positive depiction of a black gay man on television.

Smollett claimed in January he was the victim of a hate crime while in Chicago but was arrested in February accused of staging the attack. He's pictured outside court in March after all charges against him were dropped

Last Wednesday, the cast of Empire released an open letter asking that Smollett be allowed to return for season six of the show saying the actor is 'honest and ... filled with integrity'

Last Wednesday, the cast of Empire released an open letter asking that Smollett be allowed to return for season six of the show.

'Together, as a united front, we stand with Jussie Smollett and ask that our co-star, brother and friend be brought back for our sixth season of Empire,' read the letter, which was signed by Taraji P Henson, Terrence Howard, Bryshere Y Grey, Trai Byers, Gabourey Sidibe and Nicole Ari Parker.

'He is kind. He is compassionate. He is honest and above all he is filled with integrity,' the letter went on. 'He is also innocent and no longer subject to legal uncertainty with the criminal charges against him having been dropped.'

However, Empire co-creator Lee Daniels had made it clear on the Fox morning show Good Day New York last week that Smollett's future on the show remained in doubt due to the city of Chicago lawsuit.

Smollett met with Empire season five showrunner Brett Mahoney in New York last Wednesday but show co-creator Lee Daniels made it clear last week that the actor's future on the show remained in doubt due to the city of Chicago lawsuit

Smollett has been acting professionally since childhood but only achieved name recognition after being cast in 2014 as Jamal Lyon, the gay musician son of music mogul Lucious Lyon, played by Terrence Howard, and his wife Cookie, played by Taraji P.Henson (pictured)

Meanwhile, Chicago's top prosecutor Kim Foxx is fighting a subpoena requiring her to appear in court to answer questions over her handling of the Smollett case.

She filed a motion Tuesday asking a judge to dismiss the requests made by retired appellate judge Sheila O'Brien who is also asking Foxx's top deputy Joseph Magats and Smollett to appear at a hearing.

Foxx came under fire in March when her office announced it was dropping charges against the actor who faced 16 felony disorderly conduct charges for allegedly filing a false police report.

The mayor of Chicago and the city's police chief were among those to condemn her office's decision to drop the case against Smollett.

Foxx had recused herself from the case after it emerged she exchanged text messages with a member of his family in the days after the incident.

She then elected First Assistant State's Attorney Joe Magats to serve as Acting State's Attorney for the case.

Weeks later, the 16 grand jury charges against Smollett were suddenly dropped.

Meanwhile, Chicago's top prosecutor Kim Foxx, pictured February 23, is fighting a subpoena requiring her to appear in court to answer questions over her handling of the Smollett case

Retired appellate judge Sheila O'Brien subpoenaed Foxx after stating in court documents that 'Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence'

Emails and texts have been released showing Foxx meddled in the case after she recused herself, including by sending texts to Magats to lower the charges against Smollett.

'Foxx’s conflict in this matter is beyond dispute,' O'Brien wrote in court documents, saying Foxx should have sought the appointment of a special prosecutor.

'Instead, Foxx misled the public into believing that Smollett’s case was handled like any other prosecution and without influence,' she added.

It's not the only legal battle going on as a result of the Smollett case.

The two Nigerian brothers who say Smollett paid them to attack him are suing his attorneys for defamation.

In the alleged attack on January 29, Smollett claimed that two masked men attacked him, threw a noose around his neck, and called him racist and homophobic slurs.

But on February 15, unconfirmed reports emerged suggesting the actor might have staged the attack to save his job with help from two Nigerian brothers that he reportedly knew as extras on Empire.

Investigators said they believe Smollett may have paid Abimbola 'Abel' and Olabinjo 'Ola' Osundairo $3,500 to assault him in the orchestrated attack.