Appeal to upper tribunal after dismissing an appeal

[SimonHA]

Hi all,

I have been refused a residence card on the basis that I did not provide a comprehensive enough sickness insurance (we bought a private health insurance but the HO claimed that since it does not cover pre-existing conditions it cannot be considered as comprehensive. However, an insurance that covered pre-existing conditions cannot be acquired in the UK and it was proved by us in the appeal). We are an unmarried couple and my sponsor was a student when we applied for a residence card.

Our appeal was dismissed because the HO claimed that I might potentially have 'undiagnosed pre-existing medical condition', as one of the medical documents we provided indicated the I was a smoker for 3 years 8 years ago).

We have 2 options at the moment:

1. Appeal on the first tier tribunal, as the decision was not proportional and not based on the fact that it was first refused on grounds of insufficient insurance which was wrong and was admitted by the judge in court,

2. Reapply for a residence card as my partner is not a student any more and found a well paying job in the UK (I myself work as well).

My questions are the following:

1. What is the the estimated time line when appealing to an upper tribunal?
2. Do upper the tribunal often turn decisions made by the first tier tribunal?
3. Is it possible to reapply and appeal simultaneously?
4. What are the chances of succeeding with a fresh application based on the change in status of my sponsor who is now a working qualified person and not a student anymore?
5. In light of this information, is it better to appeal or reapply?
5. Would I face any problems exiting and re-entering the UK for a short vacation while waiting for the hearing to be scheduled?

Many thanks,
Simon

[Obie]

There seems to be a material misdirection in the FTT adopting the flawed approach , advanced by the Home office.

You should appeal. Your case should have succeeded.