do i need my husband's passport

[bely]

hi everyone,i really need a quick reply to process my ilr or flr. i came to uk in 2007 ,got married to a british in 2008 and is due to process my ilr in june 2010.however,my husband is in jail at the moment and prior to that, we were having problems but never thought of separation or divorce.i'm due to apply for ilr and wanted to know if i can apply for a further flr instead of ilr and if i need a letter signed by him to give his consent to the home office.what else do i need?can't get his passport cos it got missing a couple of weeks before he got arrested.do you think my application will be successful?thank u all for ur time.