Varying FLR M application to ILR

[Habibullah]

Hi,
I have applied for my ILR application long residence, decision is pending, my wife applied for FLR M at the same time as mine, I was on Tier 1 General visa and she came here before 9th July 2012 but before she could complete her 5 years , her visa was expiring and she had to apply for FLR M,
keeping the complexity of my ILR application aside, I just want to know if she can vary her application to ILR at this stage as her 5 years are already completed during the time she has her FLR M application outstanding.
Your help wilk be much appreciated.
Thanks

[Casa]

Not until you have been granted ILR.

[Habibullah]

Her FLR M application is also subject to my grant but because of our visas expiry at the same time we had to apply for her (my ILR and her FLR M) and then requested HO to connect both application which was allowed, Please let me know what are the rules that would make her ineligible to vary her application to ILR , I am sorry if I am unable to understand any aspect.
Please note I am very well aware of the fact that she won't be granted any leave unless I get my ILR, I just want to change her application to other category.

[vinny]

When did she apply for FLR(M)?

I don't think that there are any provisions for her to vary/apply for ILR directly, except under Long residence.

[Habibullah]

Thank you all for your time.
She applied for FLR M in August 2016 ( decision pending as my
application is outstanding as main applicant )
She first came to UK in April 2012. Before 9thJuly 2012, PBS dependents could apply for settlement after completing 5 years. As her current FLR M application is not decided and she had completed her 5 years, could she be eligible for that?
I am sorry if I am unable to understand something.

If you read below the rule states that if someone had applied after 06-Apr-14 , one has to switch to FLR M , but in my case , she hasn't 'switched' as yet because the decision is yet to be made.
My apologies again for my limited understanding.

'Category A: Applied for first PBS leave before 09-Jul-12
If you applied for the first PBS leave before 09-Jul-12 and then switched to FLR(M) before 06-Apr-14: then you are covered by Part 8 of the immigration rules (A280(c)) and the qualifying period for settlement is 2 years. Make sure you fulfill all the requirements for settlement (e.g. - English, LITUK) before expiry of current leave as another FLR(M) application (extension) after 06-Apr-14 will reset your ILR clock.'

[vinny]

If they grant you ILR under Long residence, then 319E(b) fails because the partner was not granted indefinite leave to remain as a Relevant Points Based System Migrant. Therefore, SET(O) is not possible.

As she applied for FLR(M) from/after 6th April 2014, she has to apply under Appendix FM. The period of stay in the UK as a PBS dependant cannot be included in the qualifying residential period for settlement (E-ILRP.1.3). Therefore, SET(M) is not possible.

[Habibullah]

Thanks vinny !