Do i have a right to apply for ILR?

[matinuk2]

Hi
I have entered to uk on 19/09/2001 as refugee, which my application was refused but i've never got any leaving letter or order from court or home office.
until 09/12/2003 that i married to my polish wife, which Poland joined to EEA group on 01/05/2004 and i've put my application for my visa on 2004 but it took home office 11 month to grant me a visa on September 2005 valid till September 2010. my marriage was dissolved on summer 2008 and according to European law if marriage lasted more than 3 years and then dissolved the non EEA member will not loose their right to stay.
although in order to get marriage visa i had to give back my application as refugee but my problem haven't been solved back home and i even couldn't get passport all these years and can't go back home as my life would be in danger.
now i want to apply for ILR can i still do it as i have lived with my wife more that 3 years? considering i've been living in this country since 2001? or I'm still on unknown status?
all my researches show that the length of marriage is irrelevant and only thing is important is 5 years since marriage which in my case originally would be 5 years on 09/12/2008 but because Poland joined EEA group on 01/05/2004 i think it's safe to say 01/05/2009 would be 5 years.
Am i still be able to apply for my ILR?

[classact01]

How about you gather all your friends/relatives and just go home?

[shandave2001]

matinuk2

U said came to UK in 2001 as a refugee. Do u mean u came in 2001 as a asylum? Because refugee is a status when asylum casse is accepted.

Is your case not under Legacy?