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The rules changed a couple of years before that so not sure what rules you are referring to. Since 6th April 2010, ILR is no longer possible with 5 years on Tier 2 ICT.but recently found out that all the rules changed in 2013 making me ineligible for this route.
To be able to apply as an unmarried partner visa on form FLR(M), you need to have rock solid evidence of 24 months of living together 'in a relationship akin to marriage' and shared financial responsibility. There is no discretion on this point, if you don't this requirement, your visa will be refused.