Parents discretionary leave, UREGENT, Please help!!!

[harikora]

Dear Forum experts,
Firstly this forum has been a great help every time I need it, many thanks for all the support and guidance you provide! God bless you guys!
I will really appreciate if someone can provide some guidance urgently on the matter as I have been asked by HO to reply with-in 7 days and 4 days are already gone.
I have applied for my parents’ discretionary leave, who came to the UK on family visitor visa about six months ago. Neither of my parents is over 65 years so we had to apply for discretionary leave outside immigration rules. We used this form .
I was diagnosed with Cancer last year and I am better but still am suffering from after effects of treatments. My daughter who is 2 years olds has chronic condition which requires lots of care and support ongoing basis (have provided NHS letters with the application). My wife works full time, I have primary school going son. My parents came and visited when I was diagnosed to support us emotionally and in caring for children. They returned after six months (due to visitor visa restrictions) and came back after few weeks as we couldn’t cope without the extra pair of hands and emotional support they provide to us during this difficult period. We applied for discretionary leave outside immigration rule so my parents can stay with us for more than six months as we need their continued support until I and my daughter get better and I want them to keep going back home every few months.
Other relevant info:
My wife works full time to support us. My brother who we lives with me also works full time. Me, wife, my two children and my brother (he is only other sibling) are British citizen. We jointly own property and can accommodate our parents. My brother has given undertaking in the application to support my family and my parents in the application.
Application from was sent about eight weeks ago. Received the response from HO saying, we must complete FLR(FP), giving the reason:
From 1st December 2013, all applications must be submitted on from FLR(FP) for a consideration of leave to remain on the basis of:
• Family life as a partner (10 year route)
• Family life as a parent (5 year and 10 year routes)
• Private life in the UK (10 year route)
Please be aware that since 09 july 2012 , all application made on the basis of family life and private life in the UK, fall for consideration under appendix FM and paragraph 276ADE of the immigration rules.

Is HO right to ask us to fill-in FLR(FP) form? Even though my parent doesn’t fall under that category listed on the form?
We are thinking of responding saying that, since we are applying for exceptional circumstances and article 8, we don’t think this form is appropriate for us. Consider application on the existing form, will they reject it? Is it good Idea to do that?
Or Shall I just fill in a form as asked and send a letter reiterating that I still think that it is incorrect form to use but in interest of getting the application process quickly filling the form anyway.
Also if fill-in the new form we will have to pay fees again? Letter doesn’t ask for new fees it just say fill in the form.
I am also worried about letter mentions, send us form within 7 calendar days, reply letter or form might be 2-3 days late is it a problem? Will they refuse on the 7th day, if not will it create any problem with application?
Does anyone have come across similar case before? Kindly advice what we have done is right is there is anything we can do?
What are chances of success?
Many thanks

[Amber]

FLR(O) should be the correct form for exceptional leave to remain. Although, you're pushing out the boat with your claim. If they want to complete (FP) then that's up to you. You should be seeking legal advice.

[harikora]

Many thanks for prompt response.

I have contacted an adviser today but they are saying don't fill the FLR (FP) as you are applying under article 8.

I was worried that if I don't send FLR FP they might just reject the application without proper consideration. on the other hand If I send FLR FP then my parents don't meet any category in that form so they will reject on that basis. really confused, what to do.

Can i fill the form and also mention that I don't agree with that demand but doing so to speed up the process?

Why do you say pushing the boat- is it because there are no chances? we are going through really difficult period, i need them for support here, have you come across similar cases before?

Do i have to pay fees again? Also what about late response of the letter from HO, will it create any problem?

Many thanks

[Amber]

FLR(FP) can be used for Article 8 claims! However, you're requesting exceptional leave to remain are you not?

[prince.07]

I am in the Uk on 2years family visit visa. Am married to British wife and had a 7months old baby boy.

My wife is exempted from financial requirements and had complicated medical problems probably going for surgery in the next few months.

Is it possible for me to apply under discretionary leave to remain within UK?

[Amber]

It could be but if you meet A1 English and Adequate Maintenance it may be better to apply from abroad. Discretionary leave doesn't exist for your situation but rather family/private life leave, a 10 year route.

[prince.07]

Thanks alot