ILR with LC20 - got told no at one PEO, approved at another

Today I went to Liverpool PEO for my ILR appointment and to my surprise I had to come out of the PEO in just 5 mins.
My situation was

On my driving licence, I was having LC20 Conviction with £ 170 fine which I have received from Court back in 2010. Note: I have never been to court but responded to the summons that I have received from the Court by pleading guilty.

The case worker immediately after seeing the conviction said that ILR the application wont go through as a result of this conviction, especially because it has a fine. Then she asked me whether I would like her to proceed, then I do not have a choice but to say no as few times she has confidently said that ILR will not be issued and she also has showed me the evidence on the website (Rehabilitation act 1974 regarding Fines, which says that a conviction with a fine can be spent only after 5 years).

She said I can apply for extension. As I have seen in these forums that Solihull/other PEOs has granted ILR for people who have the similar conviction and a fine, I am thinking to try this time in Solihul PEO. Since the case worker has not entered any of my details in the system, I guess I can actually take another appointment and try again. Please suggest.

Note: The case worker has not verified any documents including the application form, but referred my covering letter where I have clearly mentioned about this conviction.
I have also done CRB and SAAR check and all are clear, when I said the same thing to her, she said does not matter but will be rejected if we put this application through the system.


Appreciate your quick response on this.

Thanks,
Gvkr

No caseworker at any PEO can approve a settlement application with an unspent conviction. The only reason applications with such endorsements have been approved (at any PEO) is that there was no unspent conviction.

It seems that you had the bad luck of being dealt with a staff member who has the perception that fined by court = unspent conviction, and therefore ill-advised you without checking the facts.

Best that you make an in person application at a PEO where the application is assessed fully before the applicant is asked to pay the fees for the application. Therefore, Solihull is an ideal choice.

Here is my experience

Appointment date and time - 27/11/2012@12:00PM via solicitor
Location: Birmingham(Solihull) PEO
Route - WP->HSMP->Tier1 General
Documents carried: All the documents mentioned in this forum by various people
Case worker asked for the following documents
Application form
Passports
Evidence proving Earnings - I have given Business,personal bank statements, Payslips with Dividends on them and accountants letter confirmation salary, profits etc
Co-habitation docs - I have given Council tax bills with both of our names on them for last two years, House contracts, Letters from GP

The case worker after glancing my application asked me about the conviction LC20 whether I received from Court, I said yes and she then immediately said it is unlikely that to get ILR, I immediately said that I have done the CRB check, she asked whether it is clear. I replied yes and handed over the CRB and SAAR reports to her, then she said ok, but I will have to do my own check for this, she went to back office and she returned in two mins with the golden works, "Happy to grant ILR today" and asked me to pay the fee at the next counter and wait for biometrics which I did and after about 1/2 an hr we have given our biometrics, then we were asked to go and come after 1.5 hours to collect the approval letter. After 1.5 hour we went and the document is not ready yet, but within the next 15 min we were given the approval letter along with my other documents that I have provided to the case worker as evidence and we were told that the Biometric cards will be sent to my address in the next 7-10 working days.

So finally people with LC20 conviction and fine of 170 or more need not have to worry as long as they have done the CRB, SAAR checks and the CRB, SAAR reports have no convictions listed.

Hope this helps and clears the confusion for applicants having similar convictions

No doubt this forum is very helpful.

Thanks,
Gvkr79

Congratulations gvkr79.

gvkr79 wrote:Here is my experience

Appointment date and time - 27/11/2012@12:00PM via solicitor
Location: Birmingham(Solihull) PEO
Route - WP->HSMP->Tier1 General
Documents carried: All the documents mentioned in this forum by various people
Case worker asked for the following documents
Application form
Passports
Evidence proving Earnings - I have given Business,personal bank statements, Payslips with Dividends on them and accountants letter confirmation salary, profits etc
Co-habitation docs - I have given Council tax bills with both of our names on them for last two years, House contracts, Letters from GP

The case worker after glancing my application asked me about the conviction LC20 whether I received from Court, I said yes and she then immediately said it is unlikely that to get ILR, I immediately said that I have done the CRB check, she asked whether it is clear. I replied yes and handed over the CRB and SAAR reports to her, then she said ok, but I will have to do my own check for this, she went to back office and she returned in two mins with the golden works, "Happy to grant ILR today" and asked me to pay the fee at the next counter and wait for biometrics which I did and after about 1/2 an hr we have given our biometrics, then we were asked to go and come after 1.5 hours to collect the approval letter. After 1.5 hour we went and the document is not ready yet, but within the next 15 min we were given the approval letter along with my other documents that I have provided to the case worker as evidence and we were told that the Biometric cards will be sent to my address in the next 7-10 working days.

So finally people with LC20 conviction and fine of 170 or more need not have to worry as long as they have done the CRB, SAAR checks and the CRB, SAAR reports have no convictions listed.

Hope this helps and clears the confusion for applicants having similar convictions

No doubt this forum is very helpful.

Thanks,
Gvkr79

Hi there first of all congrats on getting ur ILR
I need to ask u few things i also have this LC20 conviction but in my case was not through the court i got 3 points and £60 fine on the spot by the police man back in 2008. well im not sure do u think i should do CRB or SAAR check on myself and

also one more question u went to liverpool and came bk than went to solihull u mentioned "Appointment date and time - 27/11/2012@12:00PM via solicitor" does that means u had a legal rep with u or he just booked it for u and u took ur aplication urself. I heard a roumour that in solihull and another PEO office in most cases they r not granting ILR on the same day.. did u see any such experience while being in solihull PEO ...

Anyone plz comment....

Thank in advance.

any comment plz ....

I dont think it will be an issue to you or you need any CRB as it is not from court.

In my case I have to go via a solicitor to secure an appointment ASAP but otherwise Solicitor was not of any help to me as I was having all my documentation with me and thorough with my case.

Coming to your send question, Birmingham will not allow an individual on their own into PEO when a solicitor has booked an appointment, but if you are booking an appointment via only a OISC registered Immigration agency, then I think you can go on your own. In my case it was a proper solicitor hence they have to come along with me for the appointment.

As far as my case is concerned, it was approved on the same day and within a week we received the biometric cards also.

Hi,

Can you please advice how can I do these Crb and saarc checks on my own first before submitting my application?

Many thanks

Gagan