Appeal on in country for abritish wife visitor with a new bo

[halifax8]

I hope you can help advise on this matter.

I wife entered the uk as a visitor, she did not overstayed. we have a british son and as her partner i am also a british citizen. We made Flr fp application for leave to remain whiles her visa was in date. application was refused but weve given a right of appeal.UKBA told her to leave and apply for entry clearance for a spousal visa.

We are preparing for an appeal and what to know what our chances are even with article 8 private and famile life

Bare in mind the baby is only 5 months and needs the mother

What do you think on such cases?
Do we stand a 50/50 chance for sucess
Any advise or direction would be grateful.

Thanks

[Casa]

How will you show that she is unable to return to her home country with your baby and apply for a spouse visa to re-enter? Are you able to meet the minimum income level of £18,600 per annum? Has she passed the A1 level English test? Has she used NHS facilities since she has been here, including pre-natal and post-natal treatment?
The view may well be taken that her intention was to enter on a visitor visa (which doesn't permit switching to another category) and attempt to by-pass the immigration rules for a spouse settlement visa.