Hi,

I am British Citizen; I meet my girlfriend at April 2009. She is Malaysian. Our relationship began on November 2009. We living together after 1 month of our relationship begin. On October 2010last day of her visa, she leaves UK back to her country (Malaysia). Her immigration status before she leaves UK is Post Study Work. On February 2011, I travel to Malaysia meet her, I stay for 3 months. We decided to apply unmarried partner visa.

Due to unknown chances of unmarried partner visa going to be approved, my girlfriend decided to hold the application stay in Malaysia and work. I leave Malaysia on April back to UK.

In Between April 2011 until October 2011, we keep in touch everyday through email, video call, phone call and sms. Finally, on October 2011 we decided to proceed with the application of visa.

Question 1: Is the Unmarried partner visa still applicable on our situation now? Or is it better if we apply under category Fiancé of British citizen?

Question 2: She had couple thousand pounds savings and I also have sufficient funds to support us both in the UK but I'm also receiving income based jobseeker allowance, housing and council tax benefit. Will this benefit affect her visa application? Or do I have to give up my benefits before we apply?

She is applying from Malaysia.

1. No .. because you have not lived together for at least 2 years.
2. You may continue receiving any public funds that you, a British citizen, are entitled to.

so should i cancel my benefit before my girlfriend apply's for the visa, and just tell them my part time income and savings?

or continue claiming benefit and just tell them my part time income, (and don't mention the benefit)?

or will i need to find a proper job to prove i have good income?

thanks for the help!