Shortfall of 28 days before ILR Application

[vishme6]

Hello Friends,

My Tier 1 Visa was Issued on - 01April2009 for 3 years till 01Apr2012

Date of entry in the UK - 17July2009 (i.e. around 105 days late entry post 01Apr2009)

I renewed my VISA in 2012 and got a visa extension for 2 years till 16May2014 (gained 45 days)

My plan is to apply for ILR through post on 15May2014. Do you think it is a very big risk that I am taking since I am not eligible until 17Jul2009?

I am just worried - if they refuse my application, will I have to leave the country or do I have time to apply for ILR again or Tier 1 extension? Will I also loose the right to appeal?

Regards,
Vish