Questions 1 and 2
Answers: Must go back to Phils and apply a fresh application from there.
If you are an overstayer (even had already spend 5 yrs less or more) and wanted to switch to spouse visa and didn't want to go back to their country at all, the H.O. will bring the case to the court and this will take a lots of lots of lots of time and money to spend for your solicitor. its a very small of chance getting a spouse visa because the applicant is here illegaly and didn't abide the immigration laws.
What ever the plan of switching visa from overstayer or student to spouse/fiance visa the applicant still MUST go back to the original country to apply from there. Even they have got own house, child from partner etc. the H.O. doesn't care.
RULE IS RULES!
Goodluck!
