Spouse Visa Application - Flr(m) or Flr(o) and discretionary

[O.Sin]

Hi All

I recently married a non-EU citizen, from Russia, and so need some advice on which application form we need to complete.

We have both recently graduated from university so my wife is on a tier-4 student visa, while I am a UK citizen form birth. As such we are looking to extend her Visa using either the FLR-(m) or FLR-(o) forms.

My questions relate to the new financial requirement introduced n the 9th of august 2012. As we are both recent graduates neither of us has been employed for the past 6 months so we don't technically meet the requirement. I am however starting a PhD in October with a tax free stipend of £14000 p.a. (equivalent to a higher, pre-taxed, income) which meets section 10.(g) of appendix FM-SE of the UKBA rules. I also have 30k of savings, but this has been out of my account for around 8 months, being used a surplus cash for my dads business and a premium bond in his name, so always in his name. It is back in my name now and I have statements for before and after, as well as statements in my dads name for the intervening period ( ~ 20k in his business account, as well as 30k in a premium bond).

Does anyone have experience as to what is acceptable at the PEO, or in postal applications for the financial requirements evidence in similar situations, for flr(m), or would the application be rejected?

We have also thought about applying for discretionary leave to remain, as my wife hasn't lived in her country of birth since she was 6 and has no immediate family ties in the country. I have a PhD for 4
years in the UK that is funded by the MRC and so i cant leave unless i quit this. I also don't speak Russian, whereas my wife speaks fluent English. We have other arguments around this as well, but just need to know which application form to use if applying for discretionary leave to remain. I assumed it would be FLR(O) as this lists an option for "Partner or parent on the 10 year family route".

If anyone has experience applying through the discretionary leave to remain route, especially as a spouse, I would love to hear your thoughts.

Any help would be much appreciated.

[geriatrix]

If you do not meet the financial requirements as specified in Appendix FM and cannot provide documentary evidences as specified in Appendix FM-SE, then the FLR(M) application will be refused.

As for discretionary leave to remain:

15. A person who does not meet the requirements of the Immigration Rules will no longer be considered for Discretionary Leave outside the rules on Article 8 grounds.