Expired BRP delivered

Hi Fellows,

I am in a serious situation right at this moment. My original tier 4 study visa was expiring on 18th August 2014 so I applied for an extension to continue my studies which ended just a week after the expiry date. I have now received a BRP on 2nd December 2014 which has already expired on 19th November 2014 which suggests that I have over stayed the period I was allowed to remain in UK but I was not aware of that as the BRP was not delivered to me.

Now, leaving the UK is not a problem but I wish to come back next year for my final year of studies next year (2015) and for that it will be a big problem as the immigration dept will see this as an offence. I have asked the Home Office to issue me a letter stating that it was their fault to deliver me the BRP late or deliver me an expired visa so that I have some explanation for my over stay. They have not replied as yet.

What do you guys suggest I should do?

Waiting for response...

Thanks

It would be hard to get hold of anything official from Home Office. Keep note of the date you received the BRP and also keep the envelope, in case you need use them with your application. Under the new immigration rules, you can over stay upto 28 days and it will not effect your future applications. Just make sure to leave within 28 days and then you should be fine in any future applications. Apart from that, it may be worth trying to a letter or email from the courier company who delivered the BRP stating the date BRP was delivered.

Thanks Bruteforce for the reply, I have the delivery envelope, an electronic receipt of the delivery too. Thanks for letting me know the new rule of 28 days. I'll ask the courier service to give a letter too but in the mean time I'm waiting for Home Office to reply back. I have one more question, what if the Home Office doesnt reply me before the 28 provisional days expire, should I leave UK with hearing from them as they have instructed me not to email them again unless the ask me to do so and not to make any travel arrangements untill they resolve my case.

Thanks

If you have no outstanding application or appeal then you should arrange to leave the country within the 28 days of expiry of you last leave or any appeal decision. Don't expect anything from Home Office in the mean time.

Odd scenario. Regardless of when your visa is supposed to expire, you are covered by section 3c until you get notification of outcome of application. You start being an overstayer from the day you got your brp in the post

Quantum & Bruteforce, thank you both of you guys for the valuable information. It is of much help to me but one thing is confusing here for me after I read your responses about the 28 days period. When does that 28 days period starts counting? from the date of brp expiry (19th Nov 2014) OR the date when I actually received my brp (2nd Dec 2014) ?

Kindly provide a web link for source of your suggestion.

Thanks

If I were you, I would assume it was from the date my BRP expired.