, Grateful if you could help me with the following question: I have been in the UK 10 years. I would like to apply but I have a gap and not sure if I am eligible to apply. I was original on student visa which was due to expire on 31st Oct 2008. I applied on time but it was refused due to insufficient fund and my passport returned to me on the December of 2008. I was my misinterpretation of the fund requirement that caused me the refusal. I then went back to my country (within 28 days), re-applied and subsequently received a PSW and came back to UK in May 2009. Now my question is, would this count as a break?