Can I apply for ILR if visa has expired

[Naftilewis]

Hi there,

My wife is here on a 2.5 yr spouse visa which we extended 2.5 years ago because she didn't do the life in the uk test, we are now coming to the end of it but my wife doesn't think she will pass the test before the visa expires , is it ok to apply for ILR like a month after the visa has expired (once she has passed the test) or are they very strict that one needs to apply whilst the current visa is stil valid.

Many thanks

[vinny]

Although there are provisions for applicants to apply within 28 days of expiry, she automatically becomes an overstayer when her leave expires.

It's safest to apply for FLR(M) (new A2 English in Oct) in-time, before her leave expires, by recorded/registered post.
If it's undecided by the time she passes her KoLL test(s), then she may vary her FLR(M) to SET(M).