best visa to apply for, husband and child

[delilah123]

Hi, I have an appeal tomorrow for FLR(M), are application was refused because a. husband did not have visa for more than 6 months and should have left uk and applied from nigeria, and b. he took the life in uk test rather than english listening and speaking test.
If our appeal is denied, and my husband has to return to nigeria, what is the best visa to apply for under our circumstances:
Under the new income rules, we would be denied for a fresh FLR(M) application, as I only earn £8,500 per year. Our family are willing to support us financially and we are not on benefit but the prospect of me getting a well paid job any time soon and very small.
Secondly, I am 6 months pregnant, surely theres a way for him to apply for a visa through having a child which is a british citizen..
but on UKBA website it says that to qualify:

- 1. you have sole responsibility for the child or the child normally lives with you and not their other parent; or

- 2. if the parent or carer that the child normally lives with is a British citizen or settled in the UK, but is not your partner, and you do not qualify for entry clearance as a partner.

My husband would not qualify under the first factor as my baby would obviously be living under my care, and im not sure if he would qualify under the second as we are partners, but do not qualify for him to come to uk under spouse or partner visa? It says 'not your partner AND you do not qualify for entry as a partner...surely it should be 'is not your partner, OR is your partner but you do not qualify for entry as a partner'

Any help from anyone would be greatly appreciated

[Amber]

During the interim period did he take a test to satisfy the English Language requirement to show the appeal?

[delilah123]

as UKBA has his passport, he is unable to take the appropriate exam, and his passport is his only form of acceptable I.D. and if he asked for his passport back then the appeal would be canceled and we would have to apply afresh all over again...
I'm hoping that the life in uk test will be proof enough that he has a good understanding of english language and that when the judge speaks to him tomorrow, he can use his own judgement to see that uzo can speak english fluently...plus my nan has written a letter saying she wants to employ him to be a translator for her company 'the plain english campaign' and so obviously she wouldnt be offering him a job if he couldnt speak good english...I dont know how these appeals go, i understand that UKBA were in their rights to deny my husband, but surely an appeal is about looking at the whole picture and using logic rather than just throwing blanket rules over everyone?

[vinny]

Please continue in previous thread.