T4-dependent refused due to 319C(H)

[doraemon1293]

My current visa is T4(General) and I applied T4-denpendent visa.(My wife is having a PHD program and holding T4(General) visa.)
Unfortunately, my application is refused. And my passport is retained with out being given any informal notification. The reasons mentioned in the refusal letter is

You have failed to meet the requirements of paragraph 319C(h) because:
Your most recent grant of leave was as a Tier 4(General) Student. As you do not have, or were not last granted, leave in one of the appropriate categories set out in paragraph 319C(h) of the Immigration Rules, you fail to meet the requirements.

I checked 319C(h). It is:
(h) An applicant who is applying for leave to remain must not have last been granted:
(i) entry clearance or leave as a visitor, unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii);
(ii) temporary admission; or
(iii) temporary release.

My last visa is Tier4 and it is not relevant to the rule above obviously.

I applied via the visa guidance team of my wife's university. They asked advise from a solicitor and she said it caused by careless caseworker and old template. So they said they will contact UKBA and ask them to correct this mistake. But I haven't got any useful reply (all I got is the team are contacting and no reply from UKBA).

There are 3 options mentioned in the refusal letter:
1. Appeal But the letter declares i have no right to appeal because my current visa is not expired.
2. Back to my country. But I cannot enter my country without my passport.
3 Make a new application. I cannot make the new application without my passport either.

Now, my current visa will be expired on 24 Jan. I am really worried and have no idea about the next action. Is UKBA forcing me to stay here illegally?

I'll really appreciate for any advice and help.
Thanks.