lxf2442: can you let us know your exact dates, please?
1. Date you arrived in UK
2. Dates of spouse visa (valid from date - to date)
You might need to apply for FLR(M) instead of ILR. You should definitely
not apply after your visa has expired - contrary to the advice you have been given, that would make you an overstayer. Make sure you send in an application before your current visa expires so that you will be covered.
Read about FLR(M) here:
http://www.ukba.homeoffice.gov.uk/ukres ... pe/flr(m)/
(Edit: sorry, link appears to be broken... cut and paste into your browser.)