over stay

hi
This is for my friend.He is on a Student Visa in this country.Now recently he tried to apply for TWES Permit and waiting for the approval from the Home Office. As per the work permit rule, the approval has to be given to the Employer first and thereafter the employee can apply for the Permit. however his visa is expiring in this month..if this is the case, will he be considered as an overstayed person and whether his application will be rejected?is there any alternative to resolve the problem? what is the Law pertaining to this matter...kindly advice.