National insurance number

I'll try to keep this short and too the point, if you want more details just ask =)
I'm from american, OH is a born british citizen. We had a baby 6 months ago and put in a claim for child tax credits over 4 months ago, still haven't got them. We were told I need a NI number and that took a long time to get an appointment for, but I did eventually get the appointment, went to it, and got a letter saying I was denied the NI#. The letter said it was because I failed to provide sufficient evidence of my right to work. I don't have a right to work here and I told them that in the appointment. I'm only trying to get the number because they said I have to have one. We called the tax credits people and they said it's now been sent to a "specialist team" and couldn't give us any information on how long it might take or how we can get in touch with the specialist team.
Does anyone have any experience with this kind of thing or any knowledge about it at all?

It might help to know how you are living here because most visas come with permission to work even if it is only part-time.  Also why are you applying and not your OH who is British?  Sorry, that seems harsh typing it out, but please take it as curiousity rather than accusation.  Just trying to get a clearer picture since I don't know anything about it, but I know others have had their British halves apply for child tax credits.   

So from this last post of yours, I gather that you have not yet left the UK even though you were strongly advised to do so the last time you posted here seeking help.  Also, I assume you haven't yet received any response concerning your FLR(M) application? 

You do not have legal status in the UK and therefore you cannot get an NI number.  Without an NI number, you cannot apply for child tax credits.  Your husband is allowed to claim them because he is a UK citizen and has an NI number.  However, if he has a spouse living with him, then that spouse must be included in benefits applications, even if s/he cannot claim in his or her own right.  However, since you don't have legal status or an NI number, then any application that includes you will not be successful.  See the problem? 

Kalah, you really must go back to the US.  I know it is not what you want, and that's perfectly understandable, but by staying you are only making things harder for yourself and for your husband and child.  If you want a proper life in the UK, then you have to play by the rules. 

If I remember correctly from your other posts, you were only in the UK on a visitor visa... which means you didn't actually qualify for an NI number in the first place (which is probably why it was refused). When the tax credit people told you you needed a number, I'm assuming they didn't realise that you were only in the UK on a visitor visa and weren't actually allowed to apply for one (I can't imagine that many visitors try to apply for an NI number, so they probably assumed you already had a visa that allowed you to live and work in the UK).

I think you'll need to get your visa situation sorted out first and then apply again for an NI number once you have a spousal visa. I'm not sure what will happen with the specialist team, but I would imagine that you won't be able to get an NI number until you have the correct visa to live in the UK as the spouse of a UK citizen.

ETA: x-posted with historyenne

Sorry, I missed the other posts about the op's status here.  I knew someone would know more about tax credits than me though! 

I'm thinking that there will be no tax credits since as husband & wife it MUST be a joint claim...because she's illegal they won't issue her an NI number, because she can't get an NI number I'm fairly certian there'll be no tax credits as he CANNOT claim as a sole claimant, it MUST be a joint claim.

So from this last post of yours, I gather that you have not yet left the UK even though you were strongly advised to do so the last time you posted here seeking help.  Also, I assume you haven't yet received any response concerning your FLR(M) application? 

You do not have legal status in the UK and therefore you cannot get an NI number.  Without an NI number, you cannot apply for child tax credits.  Your husband is allowed to claim them because he is a UK citizen and has an NI number.  However, if he has a spouse living with him, then that spouse must be included in benefits applications, even if s/he cannot claim in his or her own right.  However, since you don't have legal status or an NI number, then any application that includes you will not be successful.  See the problem? 

Kalah, you really must go back to the US.  I know it is not what you want, and that's perfectly understandable, but by staying you are only making things harder for yourself and for your husband and child.  If you want a proper life in the UK, then you have to play by the rules. 

You assumed wrong. I have been in contact with the man handling my case and it is being considered based on extenuating circumstances. I have been told our family will not be split up and I will not be made to leave the country.
I am not here illegally! I specifically asked the man if I am and he said NO!

Also, in response to persephone, my husband made the claim not me.

You assumed wrong. I have been in contact with the man handling my case and it is being considered based on extenuating circumstances. I have been told our family will not be split up and I will not be made to leave the country.
I am not here illegally! I specifically asked the man if I am and he said NO!

Also, in response to persephone, my husband made the claim not me.

Well, if that's the case, then you'll just have to wait for the decision.  If it comes through in your favour then you'll be able to apply for an NI number.  Until then, there's nothing you can do. 

Well, if that's the case, then you'll just have to wait for the decision.  If it comes through in your favour then you'll be able to apply for an NI number.  Until then, there's nothing you can do. 

So the problem is pretty much just that the visa situation is keeping me from getting the NI#? I was guessing that might have been having something to do with it. Thanks =)

Does anyone know anything about this specialist team or how long it might take? Will the claim just kind of sit around until my visa is sorted and I'm able to get a NI#? That would be nice so we won't have to resubmit another one.

So the problem is pretty much just that the visa situation is keeping me from getting the NI#? I was guessing that might have been having something to do with it. Thanks =)

Does anyone know anything about this specialist team or how long it might take? Will the claim just kind of sit around until my visa is sorted and I'm able to get a NI#? That would be nice so we won't have to resubmit another one.

I doubt that anyone here can answer that, as we don't have experience with outside-the-rules cases.  All we could do is speculate, which wouldn't do anyone any good. 

Just thought I'd stop by and update this in case anyone else comes into a similar situation. We ended up getting the tax credits fully backdated a few weeks ago, still no decision on my visa though. So it is possible! =)

Glad to hear the situation had a good resolution!   

I have just applied for a national insurance number and because I got dual citizenship I have a south African and a swiss passport but the problem is I already got a job offer so am already waiting for 4 weeks now before I can provide the needed documentations is that going to affect my job offer or will they cancel it?  Again they made a mistake at the swiss embassy in terms of my birth date on my passport instead of March they put down may but I provided my south African passport, my old swisd passport and my birth certificate will they be able to deny me my national insurance number??
Please help