Varying an application of an overstayer

[focusatme]

Hello
Much appreciate if you could answer this question

Girlfriend is in the UK living with me since 2010. Applied for her psw April 2012 got refused Bocoz of late result . She submitted Flr(o) before her visa ran out subsequently that got refused ,and we appealed in first tribunal which got dismissed as well in May 2014 . Now she's become overstayer.

Made a tier 4 application within 28days of receiving a refusal decision from the court .
Since then the college is suspended and her application is still pending . Now we got married last week and I have got ilr already meet all the financial requirements .

Can she vary her application within country as when she submitted her application for tier4 she was overstayer less than 28 days ?althought overtyed period wasn't her fault .

Or she must has to leave the country after withdrawing the application and make a new application form back home ?
It be much easier if we could do within country as it less expensive .
Thanks a lot,

[focusatme]

anyone plz?
May be my post was it bit lengethy and complicated....i try to make it short as possible.

After receving refusal from the court for flr(0) my wife automatically became an overstayer . she made new application for tier4 althogh withing 28 days of receving court decision . section 3c was ended when court final decided on her Flr0 application and new application which is pending doesnt cover under section 3c.

now she married to me and we meet all the requirements for spouse visa .

can she possibly vary the tier4 pending applction into spouse visa application ? has anyone heard or know any law about it as i got few solicitors who have different openions.

i will highly appreciate if you could help me out regard this issue and save me fortune.
thanks a lot

[physicskate]

My layman's opinion is that you cannot vary an out of time application and that she should apply for entry clearance, considering you meet the requirements for a spouse visa... OR, if she is granted the Tier 4 you could then apply for FLR (M).

By all means, others might disagree and have some cases to back up what you are hoping to hear!

[focusatme]

appreciate your response.
anyone else would lke to add up more?