wife subject to immigration control

[chrissye]

My husband is a British citizen and I am American. I had planned on coming over to live with him on a fiances visa but they changed the age from 18 to 21 on immigration visas two weeks before my 18th birthday (unlucky). As I was nearly 6 months pregnant at the time I decided to come over on a visitors visa and seek legal advice once I was here. My solicitor thought I had a good chance of getting further leave to remain because of the situation and the fact that we now had a daughter (born here) and that Adam had immigration problems in the US at the time- so refusing would be refusing his human rights to his family basically. It was refused anyways and, unless they deport me and I get an appeal that way so we can argue human rights, there is nothing I can do until I turn 21 this December. They have my passport and I can not work/ get a national insurance number. In Feb this year my husband had a psychotic breakdown and has been unable to work due to hallucinations, paranoia, and severe anxiety. We are fortunate enough to have family supporting us until benefits come through for him, but it seems Housing/ Ctax ben along with Employment and Support Allowance are trying to refuse his claims because I do not have a national insurance number. Ive done some research and, unless Ive been looking at outdated rules, it seems they SHOULD be treating his claim at a single persons rate since Im subject to immigration control. Im wondering if this is correct, or if the council and dwp are just trying to find an excuse to refuse his entitlement? Hes also previously been refused, even after appealing, his working tax credits and child tax credit claim because I dont have a ni number. Should this be treated the same way? From what I see online it seems they should be treating all of these as if hes not married, but as theyre just refusing them Im wondering if they are in the right, or if they are all just incompetent.

Any advice?