FLR(HRO) or FLR (FP)

[Dawei]

I had a horrible tragedy in May this year. My 38-week pregnant wife suddenly passed away with the unborn baby. At that time, my mum was visiting us on a general visitor visa, and I have a 3-year-old daughter.

My daughter was extremely dependant on my wife, after the tragedy, she has transfer such extreme dependancy on my mum. I was told that for a general visitor visa, you can stay maximum 180 days in any 365 days in the UK, so according to my mum's situation, she has to leave around Nov. 20th. Therefore, I am investigating how I can extend my mum's stay here.

I called the UKVI and they suggested me to use the form of FLR(HRO), however, an adviser in a law centre said I can also use the form of FLR(FP). My understanding is that FLR(FP) is used for family visa, and according to www.gov.uk, "you cannot apply for a family visa if your current visa is a visitor visa". So I am very confused about the suggestions of FLR(FP).

The background information is: I have been in the UK for 10 years+, and now working in a big company with permenant contract. I have my ILR since Dec 2016, while my daughter got her British citizenship in March this year (as she was born in the UK)

The ground of my applications is as follows:
1. My 3-year-old daughter has finally estabilished a extreme strong bond with my mum, and she began to go to the nursery 5 full days a week since September. For the last 4 weeks, she hasn't settled into the nursery, as she cried daily and doesn't eat or drink in the nursery for the whole day (from 0830 to 1530). (She was not like this before the tragedy in May). If my mum has to leave in November, the current rountine will be completely destroyed, after the previous routine was destroyed in May due to the tragedy, and my daughter will feel that she lost her grandma a few months after she suddenly lost her mum. This will be extremely difficult for a person to handle, not to mention she is only 3 years old. In addition, this will definitely made it a lot more difficult for my daughter to settle in the nursery, and as I am working full time, I can only pick her up from a childminder (or after-school club) at 1730, so she will not eat or drink for 9 hours+. Therefore, the leave of my mum in November will be detrimental for the overall well being of my daughter, both psychologically and physically, as the extremely strong bond between my daughter and my mum is formed due to the tragedy, and the role of my mum is irreplacable by any childminder or after school club.

2. Due to the loss of her mum in such a sudden way, my daughter has experienced extreme trauma, every now and then, she would cry for at least 30-40 minutes sometimes over 1 hour because of this, and at this time, only my mum can calm her down.

3. The relevant medical evidence indicates that the root cause of my wife's tragedy is potentially inheritable, and because of this, my daughter needs to go to genetic clinic, which itself will take quite some time as it only opens once per 2 months. According to the result, there also might be necessary treatment. The doctor already said even without considering the genetic test result, my daughter needs to be monitored and checked in 5 years time. In addition, as I have been in the UK studying and working for 10 years, all my connections, resources are in the UK. Therefore, it is not practical for us to go back and settled in China, as I will lose everything I have built up in the UK, and much more importantly, it will be extremly impractical for my daughter to be checked and potentially treated.

4. The ONLY intention for my mum's extend to stay in the UK as long as it can be is for the wellfare of my daughter, who needs a steady and secure environment.

5. My father also completely support the extention of stay of my mum in the UK, as he can take care of himself in China and visit the UK now and then.

6. I myself is in deep stress from various issues, such as this immigration issue, child care issue, the potential severe health issue of my daughter, the work issue. All such issues are on top of the extreme difficulty to handle my own grief. Therefore, it will be very difficult for me to provide good accompany to my daughter.

I also have the evidence from my daughter's counselor and my daughter's nursery to indicate the psychological impact on my daughter, the evidence from my counselor to indicate my current situation, the support from my father, and the relevant medical evidence.

So in this case, I am not sure whether I should go for FLR(HRO) or FLR(FP), and also, I am also wondering how likely this application can be approved. In addition, if I go for FLR(HRO), do I need to specify a specific length of time that my mum intend to stay here or it will be 2.5 years automatically if it is approved?

I will be very appreciated of any help from any one of you.

[New on forum]

Very sad to hear.please accept my heartily condolence on your loss. Loosing a parent is very traumatic for a child.
Application form will be either flr o or flr fp but I would strongly recommend you to seek legal advice and apply through a credible lawyer.
No one can predict the outcome of this application .you need to be careful about what option you choose as refusal of ltr will also jeopardise any visit visa for your mum in future too.
Wish you good luck .