Tier 2 (General) Refusal - Please help!!

Hello everyone,

I was wondering if people can give me suggestions on how to resolve this problem I am facing.
I have been in the UK since October 2005. Since then I’ve been on different visas and they are as follows
October 2005 till November 2010 – Student Visa
December 2010 till December 2012 – Post Study Work Visa

During my PSW visa, I was offered a job at an engineering firm. Just before my PSW visa expires I had applied for FLR(O). As I could not meet my salary requirements as set by the home office and the company needed time. Till then, I had gone through lower tribunal and upper tribunal court. This went on until June2014. My upper tribunal court came to an end on 5 june 2014 – ending my extension which was my right to live in the UK.

Since then I have applied for Judicial Review and one-stop appeal. In November 2014 I applied for Tier 2 visa through another company and January 2015 I received a response from them saying they have refused my application on the grounds that I have overstayed for more than 28 days. Also they have not given me the right to appeal. I am planning to go back to India this month.

I was wondering if people can answer the following question.

Q1. What is the next course of action? Can I say to the Home Office that my one-stop appeal is still pending and final decision has not been made? Or does it mean I have to go back to India?

Q2. When can I re apply for Tier 2 application?

Q3. I have heard about the ‘cooling period’, does that apply to me? Can someone explain, how long is the cooling period in my case?

Q4. And finally, if I do come back to the UK. Those 8yrs and 6months I have been in this country – do they still count?


Any comments will be much appreciated.

Regards,