Really need help in obtaining ILR (student->PSW-> ???)

[evilpixel]

Hello all! First of all, allow me to explain my situation:
I first came to the UK in 1998, had been a student (GCSEs, A-levels, MSci in chemistry) and graduated in 2008. Then obtained a Post Study Work LR. Since my graduation have been working, but the amount I currently earn will not qualify for enough points for HSMP tier 1 worker. I really want to stay in this country, since all my life is here now, but I do not see a way. The options I explored are:
1) Long residence - unfortunately during the ten years I have been out of the country for more than 18 months combined, so that route is closed as I see it.
2) HSMP - dont earn enough, and with current climate no sign of improvement in my earning potential. Moreover, my employability is compounded by the fact that I DONT HAVE AN ILR! (irony at its best)
3) I am in a serious relationship with a UK national, and have been for 3 years (1.5 of which we spent living together, and obviously still do). However, as I have gathered that does not matter, since we met here, not abroad.
So with all of the above in mind, my questions are:
1) how strict are the guidelines on being absent for 18 months during the ten year period?
2) On the Border and agency site it says that UK nationals can bring back partners after living with them for 2 years abroad, do the same rules apply if we lived in the UK for 2 or more years?

I would really appreciate any answers or suggestions to my situation.
Thank you in advance for replying!

[vinny]

1. Possible discretion if you have compassionate circumstances.
2. Switching to unmarried partners (295E), by applying for FLR(M), is possible after having been living together in a relationship akin to marriage/civil partnership which has subsisted for two years or more.

[evilpixel]

Thanks for the reply, Vinny. However, could you clarify a couple of things?
According to the UKBA site, I can apply for FLR(M) only if I entered the UK on married/partner visa, which i did not.
In the actual form it asks if you entered the UK as a partner, etc..., and if not you have to answer more questions. But Im still confused by this paragraph:
"You should use application form FLR(M) if you already have temporary permission to stay in the United Kingdom (limited leave to remain) as the husband, wife, civil partner or unmarried/same-sex partner of a permanent resident."
So can i use the form FLR(M) and apply from the UK, or do I have to go back to Russia and obtain an entry clearance as a partner?
Thanks for your help!

[vinny]

If you can satisfy all the requirements of 295D (see also section 9), then you may switch.

[evilpixel]

Vinny, hopefully one last question. In the section 295D it says:
"the applicant has limited leave to remain in the United Kingdom which was given in accordance with any of the provisions of these Rules"
Which rules are these? The ones that specifically refer to the unmarried partners or any LLR granted lawfully (like my PSW) qualifies? If so, how do I answer the question 4.1 on the form FLR(M):

Are you applying for an extension of stay instead of indefinite leave to remain even though you have
completed, or are about to complete, 2 years in the category which you have ticked above?

This is clearly aimed at the people who were granted an entry clearance as a partner, but completely inappropriate for me. Or should i just write a letter explaining my circumstances?
Once again, would really appreciate your guidance

[vinny]

Leave under PSW is given in accordance with paragraphs 245V-245ZA of the Immigration Rules. Under your circumstances, the answer to question 4.1 would be "No".