You have made a big big mistake. If you could not pass life in the UK test, then you should have applied for an extension as spouse by filling the form FLR(M). UKBA would have extended your stay for another 2 years. After this you could have applied for ILR as soon as you passed Life in the Uk Test.
If you now apply, it would be an out of time application and if you are refused you will not get a right of appeal. You will have to go back to your country and again apply for a spouse visa.
If you go out of UK now, you wont be allowed back into UK as you have no valid "leave to remain". You will have to apply afresh for a spouse visa from outside UK.
There is no short cuts, no courts, no reviews. Basically you have shot yourself in foot. At the moment you are living in UK illegaly because you have no valid leave to remain.

Hey,

My spouse visa expired last month (after two years), i failed my first Life in the UK test and the second (wich i passed) was scheduled for after the expiary date. When i called the home office they say i can stay in the country (without working, though) and can aplly for ILR but it will be considered as an out of date application and i won't have the right to appeal incase of refusal.

I didn't apply yet because my partner (British citizen) and I are planning to go out of the UK for a couple of weeks (cousin's wedding and visiting family) next month, and i know my passport could be held by home office for longer than that.

My question is - will they let me back in the UK? Should i contact the UK embassy in my country and sort it out with them before i travel back to the UK?

Will appreciate any advice

Many thanks ahead