ILR for Dependent (New rules or Old rules)

[bapace1]

Help Please!!!!!

I’m eligible for an ILR from 04/10/2012 and my current stay expires on 04/11/2012
My wife first entered UK on 19/02/2011 and her visa expires on 04/11/2012 but she needs a visa for an additional 3 months from November to February in order to apply for ILR.

My question is
1. If I apply for ILR this October and she turns into an ILR dependent at the same time (before her stay expires) will she be able to apply for ILR from 19/02/2013 or will she come under the new 5 year rule for dependants as she switched the category from TIER 1 Dependent to ILR dependent.

If she falls under the new 5 yr rule what is the way to proceed in order to be on the old rules???