refused dependant of tier 2 applicant

hi,
my husband entered uk as a student from feb 18 2009 to march 27 2011.i applied for tier 2 and i was approved but he was refused.the reply of the homeoffice states that: in view of the fact that you were last granted leave to remain as a student the secretary of state is not satisfied that you have leave to remain in the uk as a partner or spouse of a person granted leave to remain as a point based system migrant.therefore,you do not satisfy the requirements under paragraph 319C(g) of the immigration rules. and our application was sent march 31 2011 but his visa expires march 27 2011 so he has no right to appeal according to homeoffice.you must leave as soon as possible.but additional note was please note there is no administrative review available for in country application under point based system.if you have no statutory right to appeal but wish us to conider this decision on the basis of new application or additional info.you must submit new application and appropriate fee.

we got married before his visa expired.the main prob was late application but we gave it to the sponsor of my tier 2 application 2 weeks earlier my husband's visa expired but she sent it late so ots not our fault...now its stated we have no right to appeal so what shall we do? can he apply here? or does he need to go home?

he can't apply from within the UK because he doesn't meet the requirements of 319H(i) or (ii) to qualify for leave to remain. he can only apply from outside the UK. However, the fact that he has now overstayed for more than 28 days may result in him being subject to a ban on entry for at least 1 year under 320 7B