Still waiting for COA current visa expires in a week!

[emlou]

We have applied for a certificate of approval and have been waiting for a while. We have a solicitor acting on our behalf ......... however my fiances student visa expires at the end of the month.
obviously this is in a few days time. the home office still has both our passports so he cant leave anyhow.
obviously we wont be able to get married before his visa expires,what will happen now ?!?!?!

[Casa]

Your solicitor should have warned you that marriage doesn't grant legality as far as Immigration is concerned. He will be unable to switch to spouse from within the UK after the wedding if his visa has expired.
Your fiance can request the return of his passport, leave the UK within 28 days of the expiry date and apply from his home country for a fiance visa to re-enter and marry (within 6 months).
What does your solicitor advise?