ILR Question about gap in between two visa stamps.

[chi143]

Hi, Any help is good.

I have my first HSMP visa stamp dates as 01/11/2007 to 31/10/2009
upon complition of this visa i applied for extention, after two weeks in application i received rejection letter mentioning insufficent fund in my bank account when they tried to charge me for the visa process fees. In letter its also mention i can reply within 21 days if i wish. i applied again and received my visa extention with stamp dates as 09/12/2009 to 09/12/2012.

As you can see i have this gap of 40 days in my visa stamp.
Will i be able to qualify for ILR once i compelte my 5 years on this two visa

[geriatrix]

1. When was the leave at the time due to expire?
2. When did you apply for the first application?
3. When did you submit the second application?

[chi143]

1. Leave was about to expire on 31/10/2009
2. i applied 10 days ago ie 21/10/2009
3. after i recived my file backon 05/11/2009, i reapplied on 09/11/2009

[geriatrix]

You'll need to ascertain whether your application was considered an in-time application (submitted on 21-Oct and payment issues ignored) or an out-of-time application (21-Oct application invalid, 09-Nov application an out-of-time application).

Submit a Subject Access Request and ask for such details.