Tribunal refusal for FLR

[chocolatefrog]

My partner E of Russian nationality came to the uk Dec 2003 on HSMP,after 1 year applied for FLR for 3 years, this ran out Dec 2007.
She was refused due to not proving that she was selfemployed and set up in business & no tax returns ( proof of earnings).
We lodged an appeal thinking (wrongfully) that they had overlooked the details & evidence and if we were thorough it would be ok.
However, today we got thee bad news from the tribunal refusing once again saying we can appeal to the court of session within 5 days.

We have a 2.5yr old child born in Scotland but adopted Russian nationality in order for her to get a passport ( put on mothers passport ) as we are not married.

Under the conditions of HSMP my partner did not earn enough due to having our baby, however E who has a legal contract of a 50/50 co partnery with myself is involved with property development.
During the period of looking after our newborn E and myself developed a
Piece of bare land ( gained planning permission etc for houses ) over 2 years ( yes thats how long it takes ! ) and trebled the value of the original purchase price, so to my mind this should have counted as deffered earnings ( the nature of property developing means you only get a return on the sale of property ) and if it did would have been over the required amount under HSMP regulations.
I dont think they understood this or didnt believe us even though we supplied evidence.
We have all the evidence to back up everything, including finance details etc.

Can anyone please give us advice or point us in the right direction ?
The nearest immigration solicitor is 250miles away and all the advice centers were either not answering phones or unable to help.
One other important answer I need to find out, we have been together for 4 years, would it be worth forgeting about the HSMP and applying for a spouse type visa ? could E get time to apply for this in country ?
Ive read about DLR now ELR visas, could this be a possiblity due to our child ? As I dont want to be without my partner & child for any length of time if they have to go to Russia, what would be the quickest visa to get even if its temporary ?

Many Thanks

A