Old Work Permit Technical Change

[preddy]

Hi All,
I need some help from you regarding my work permit.
Following is my visa status


I got work permit in Dec 2006 and valid till dec 2011. In April 2008, the company on which i got work permit is dissolved and a new company was started by the same employer. The new company does the same business and even my position in the new company remain same. Its a company take over by same employer. Recently i got married and i want to get my wife as a dependent. Now, I asked my employer to update UKBA about this.

My employer has applied for technical change on 20th Oct 2010 and we didn't heard anything from UKBA regarding our application. It's been more than 7 weeks now. So, I'm really worried about this now.

I Just wanted to know two things, in case if my work permit technical changes is unsuccessful

1) If we have to apply a new application under Tier 2 then do we need to do Resident Labour Market Test(i.e. RLMT). Inspite same job and same employer.

2) If it's (i.e. Resident Labour Market Test) required then how long can I be here in UK, inspite my current work permit is valid till dec 2011. I don't know the valid period I can live in UK after my technical change application form is unsuccesful. Its because we can make a new application only after 28 days of advertisement.

Could you please advice on this.

Many Thanks
Prakash