Can i reapply after failed appeal under Chen ruling

[bolodeoku]

I applied for leave to remain as carer of my daughter who holds an irish passport, she is 6 years old, the application was based on the Chen ruling which could be looked at under Paragraph 257C.

The application was refused and it was thrown out during appeal because of lack of private medical insurance, there was also the issue of third party support no longer being appropriate which is still hazy to me.

Support is to come from my brother in-law outside of the UK and there is proof of him already sending money to us.

My questions are:

1) Can i put in a fresh application and now include the medical insurance that was missing initially?

2) Do i have a timeframe in which to reapply (as they have given us 5 days to appeal against the initial appeal decision and we do not wish to appeal as it will fail for lack of medical insurance in the original application).

3) If i apply afresh before the end of the 5 days given to appeal, will it be classed as in country (out of rules) application or just a normal fresh application (remember the original case reached AIT and was thrown out)

4) Is 3rd party support still accepted in Chen cases as i think the issue of third party support not being adequate was with regards to Paragragh 281

5) My lawyer also talked about In country application and reapplying under the UK law where an application fee applies. This is where am confused as i thought this applications are made using the EEA2 form for which a fee wouldnt apply, or is there another route to it?

6) My lawyer also reckons that if the new application is refused there may not be a right to appeal, is this correct pls? As it stands can it be said i have a valid leave even though the appeal was dismissed but am still within the time frame offered to appeal?

Am confused and would need some help from the gurus as the Chen ruling seems a green area for most people.