ILR 10 year Effected due Gap in Tier 1 extn paymnt rejected

[Raghu1122]

Hello Experts

I entered on a student visa from September 2001, then went on to WP in Feb 2007, and then converted to Tier 1 in June 2008. My Visa was due to expire on 23/06/2011. I made a Tier 1 Extension Visa application on 14/06/2011. And received a confirmation that application has received on 16/06/2011. On the 04/07/2011, home office has returned my full application pack, with a Letter stating the Bank Rejected the Fee Payments of £1000. I have further Enquired with my Bank, but the Bank could not provide me with a definite answer to why the Payments has been rejected.

There are definitely more than adequate required funds in my Bank account. A Complete Copy of My bank statements till 05/07/2011 and I resubmitted the Application. Got the Extension 20 July 2011 till July t2013.
As I have completed 10 years of Lawful residence in UK, I want to apply for ILR 10 years. My question is because there is a gap of nearly 30 days during the tier 1 extn, will my application be considered or not. I have never made any Out of time applications ever apart from this which just happened.

Experts please advise if I apply for ILR do I need to provide any extra information to home office to consider it . So that the caseworkers should use discretion granting ILR,

Advise is much appreciated

Many Thanks

[geriatrix]

Since your in-time application was returned as invalid and the second application was an out-of-time application, you were an overstayer in the UK from 24-Jun until the date of issue of new leave.

In effect, continuous "lawful" stay was broken.

[vinny]

I have further Enquired with my Bank, but the Bank could not provide me with a definite answer to why the Payments has been rejected.

If you can prove that it was the UKBA's fault in failing to collect payment, then you may have a stronger case.