320 (11) refusal with British child

My husband entered the UK illegally in 2014. We met in 2015 and began a relationship. He was discovered living and working illegally in March 2016 and was sent to a detention centre. We applied for leave to remain but was refused as we hadn’t been together long enough. Refusal stated I could go to his home country and marry him then make a spouse visa application. We also requested my husband be released from detention and allowed to leave voluntarily at his own expense but was refused and removed.
As I have 2 young children from previous relationship, I wasn’t meeting the financial requirement so husband attempted to enter illegally 2 more times but was caught and released. This was May 2016.
I started working full time in September 2016, we were married in Jan 2017 and submitted spouse visa application in April 2017. Application was refused in Nov 2017 due to not declaring the 2 attempts to enter the UK illegally after his removal.
Appealed and was given hearing date in October 2018, decision was upheld even though by this time I was now 5 months pregnant with my husband’s child. The judge ruled they won’t consider rights of an unborn child etc so we could continue living apart due to his immigration history, and not declaring further attempts to enter illegally.
Our son was born last month and we are about to submit application for spouse visa again.
Has anyone previously been refused under 320 (11) then gone on to have a British child and had a subsequent successful application?
Any advice is appreciated

Anyone? Or any advice as to our chances of success? He’s never committed a crime in UK or his own country and has those 4 immigration offences between 2014-2016 (entering/attempting to enter UK illegally 3 times and working illegally).

320(11) seem to apply to overseas application as opposed to UK one.

I wondered why judge did not consider kids from previous relationships. They are British and they ought to have been considered.

They ruled that the best place for me and the kids to live was in the UK because the kids have a relationship with their biological dad (although not a close one). she rejected that they even had a relationship with my husband and actually said in her findings that “children will be fond of anyone that shows kindness to them so they’re fondness for the appellant is likely not limited to him”. It was quite shocking and really insulting.

That is a misapplication of the law, and those representing you ought to have challenged it, as the presence of the children and their access to their father, creates an obstacle to you joining him in his home country.

If we had have appealed it to upper tier tribunal we’d still be waiting for an appeal date. The fastest option was to just reapply when baby arrived as at least we’ll have an answer within 3 months or so.

My parents came to the hearing to support me and gave evidence and despite them both saying that they could no longer support me in the way they had previously as my sister died suddenly (unexpectedly at aged 32) a few months before the hearing so my parents were struggling to deal with that (both signed off work etc). The judge ruled that ‘the parents obviously can help the sponsor as in the midst of their grief, they were still able to attend court and give evidence. This demonstrates how close and supportive the family are’. I think we had really bad luck on the day, she was so harsh