Do i have a Right to Apply for ILR and how long does it take

[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?

[matinuk2]

i have send my EEA4 application yesterday and i have included 68 pages of documents, from myself and my ex-wife, anything i could find, dated photo of us from our wedding, honeymoon, her birthday, copy of her passport that i had since EEA1,2 we applied, couple of her bank statements from that time, couple of her payslips from that time, employer letter from that time, her solicitor letter from 2008, asking me to sign the divorce documents, dissolve marriage letter from court, and for my self anything dated from 2001 that i have been in this country.
do you think they are alright?