Hello there,
I am sorry to hear about the problem you and your husband are facing.
I would suggest the following
1- Change your mortgage advisor. It seems that the problem starts from him/her as he/she is unable to explain the situation to the mortgage company.
2- Try to go your self to the mortgage lender and meet with them. If they mentioned that they can not lend you because of your husband's visa, insist to speak to the legal department.
Show them the immigration law. Please go to this link
http://www.ind.homeoffice.gov.uk/defaul ... ageId=3204 and print Para 277 to 289 and highlight Para 287
In addition to the home Office's letter,ask their solicitor to read Para 287 which will be applicable to your husband in the future. .
You can argue your point as follows:
The mortgage company (say Halifax) does not understand the law because my husband will be a permanent resident according to the rules.
If you are saying to me there is no guarantee, how can you guarantee that these couples that you have just given them mortgage will not be divorced next year? Or one of them loses his job and become unable to pay. You are lending us to buy a house. We are not going to run away with your money. If we do not pay, of course you will take your legal action to sell the house and take your money back.
From a legal point of view you have no grounds to refuse our application to a mortgage on the basis of an imaginary expected refusal of my husband’s application for ILR (Indefinite Leave to Remain)
If their solicitor said I am sorry I am not an immigration lawyer. Ask him strait away do you accept a letter from an immigration lawyer?
If he said 'yes'
Please see an immigration lawyer and ask him to write a letter explaining Para 287 of the immigration rules; in a way which would be acceptable to a mortgage company.
3- Try to look to the whole picture and be realistic. Go for a small house with the least mortgage if you can. Once you are on the ladder do whatever you want.
4- See chess's advice above. It is a good one .
Good luck .