here is an advice LOOK UK HOME OFFICE WEB SITE BEFORE YOU SEND ANYTHING TO THEM.
THEY ARE VERY STRICT THESE DAYS
AND YOU CANT HAVE ILR SO EASILY
YOU NEED 3-5 YRS MATE AND YOUR STUDENT STATUS IS NOT COUNTED IN

 

I'm a bit confused why you did not apply for the Marriage Visa if you two are married. It appears you fit the requirements:
Marriage Visa Requirements
# The sponsor and the applicant must be legally married or in a civil partnership
# They must have met each other
# They must intend to live together
# The applicant must be able to support him / herself, or be supported by their partner, without access to public funds
# There must be adequate accommodation in place

It sounds like the ILR is usually received after obtaining a temporary visa (such as those who have successfully obtained the UK EEA Family Permit). Easy Expat's FAQ on departure clarify some of these different visas and requirements. http://www.easyexpat.com/en/faq/departure.htm. This form from the UK Home office might help you determine what exactly to apply for: http://www.ukba.homeoffice.gov.uk/settl ... orm/family

Are you currently in the UK without a visa? From what I understand, you may need to leave the country to pursue your case. Out of curiosity- what did your lawyer advise?

Best of luck!