EEA family permits

Hello everyone. I was wondering if anyone can offer any advice on my current situation.
My wife (EU citizen) and me (NON EEA), applied on EEC2 form few months ago. We just got answer!
She has been in this country for the past 10 years (working), me, as asylum-seeker (with permission to work and working) for the past 8 years.
We got married in June 2004.
So basically, she was given indeifinite leave to remain. As for me, they refused my ILR saying that I could be only given 5 years European family visa.
Now, I understand that I am entitled to the same status as my wife (maybe I need to apply again, this time in my name?)
Also on HO webiste says:

Third country nationals who are either the spouses or dependant family members of European Economic Area nationals may apply independently for indefinite leave if they have lived in the United Kingdom for 4 years. However, they will need to provide evidence that their European Economic Area family member has lived in the United Kingdom and been engaged in employment, self-employment, or been economically self-sufficient, during this qualifying period.

So basically my question is: Can I apply in my name for EEC2 and ILR, or I need to wait 4 years?

Kind regards
Dan

An application for Indefinite Leave To Remain is one made under the UK's immigration acts and rules as opposed to EU law. Such rules formulate that time spent exercising treaty rights as your spouse has done may be considered towards the residence time for ILR. Conversely one cannot vary leave that one never held (to include overstayers) - as an asylum seeker you have never held any leave to remain. The work authorisation you mention was an old practice that allowed asylum seekers to seek employment pending the processing of their application because such on average took 3 yrs to decide. You cannot apply on a self basis for anything on EEC2 (you are not an EEA national) nor are you currently eligible for ILR.

Write (or rather your spouse) back to the Home Offfice asking for you to be granted a residence permit (5 yrs) on the basis of marriage to an EEA national exercising treaty rights in the UK. Submit the same documentation as in your EEC2 application i.e. ppts, evidence of funding/ employment and medical insurance..these docs must be as a minimum pertain to your spouse esp the employment info i.e. wage slips, P60's, employer letter etc. IMHO you should get an answer in 4-6 weeks. You may then apply for ILR after 4 yrs on said residence permit.

If you wish to obtain ILR earlier then apply for a visa as the spouse of a person settled and present in the UK. Since you have no leave to remain in the UK you must do such at a British consulate abroad in a country of which you are a citizen or legal long term resident i.e. not a visitor or short term student/ worker (i.e. not less than 6 months). You will get a 2 yr probation visa then 28 days before this expires you can apply for ILR subject to your marriage subsisting.

Good luck