it does matter when you arrive in the uk, your suppose to be in the uk 2yrs - (upto 28 days )
in your case you should be applying for ILR from 11th jan ( 9th feb 2009 - 28 days) until the day b4 your visa expires which is 4th jan 2009you cannot, your has expired b4 you can apply...
anyway your a week short, but you should really apply on the 2cnd of jan 2009, but with the xmas holidays, you may well be lucky and get away with sending it sooner, they might process it or keep it til you've been in the uk 2yrs - (up to 28 days), or it they want to beand refuse it for applying tooo early, when did you apply ?
from the ukba website http://www.bia.homeoffice.gov.uk/ukr...ionformset(m)/
You must not send us your application more than 28 days before the end of your two-year qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.