However, if your existing leave has expired and you are only given the right to appeal, first step would be to make sure you file the appeal within the given number of days so that you can buy time. Once your appeal has been submitted within the given time limit your status continues as it has been and you can continue working for you employer.
Once this is done get yourself going and prepare for a fresh "out-of-time" application. This will mean you will need a fresh COS from your employer. You have 28 days after your rejection to submit this fresh "out-of-time" application. Once you have submitted your application and received an acknowledgement for HO, withdraw the appeal immediate and let HO know. Now this whole process can be either done via a solicitor or you can do it yourself. That will be your own choice.
The way out of time applications work is because they are made after your actual leave to remain has expired, they are considered to be outside the rules of immigration. Therefore the outcome of your application will depend on the discretion of the case worker looking at your file and o fcourse how lucky you are on the given day
Having said that, if you are scoring all the points and are able to explain every argument you make, I don't see why the application would be rejected.This out of time application however may have an impact on your application for ILR 5 years after you can no longer extend your Tier-2 visa and as the HO may consider this period between you rejection and grant of leave after "Out-of-Time" application as a gap in your status in the UK, but this could always be explained by a lawyer at that time. 5 years is a very long time and worrying bout what will happen then and talk to your chances of working in the country now is not how I approach life !
I am telling this tale completely out of personal experience and I am not a legal representative or anything... FYI !
Now if you still want to play safe and are completely risk averse (cowardly as they say in some languages) bear in mind an appeal will only and only be allowed if there is an error on the part of HO. Which means they have missed a fact or they missed to contact you about any missing or pending documents while considering your application. Otherwise DO NOT bother appealing.
A) Because it's freaking expensive if you are going through a solicitor and B) It could be "very" time consuming.
So I would say only go for the appeal if you think you have a really strong case where HO has made an error or have missed a fact and if you can afford the money and the time ! Having said that you still have the option of making the "Out-of-Time" application even if your first appeal is dismissed, but take my word on it and don't wait for that to happen !
Visa rejections can be very frustrating and disturbing but never forget to keep a smile on your face, maintain a positive attitude and most important of all LIVE !
Hope this helps you to at least think a little before you make a decision after receiving your rejection. I wish I had gone through this forum before my application was rejected or even before I applied or at least followed the suggestion I got after I joined it immediate after my rejection but hey .. as they say .. it's never too late (unless you have already been deported and are checking this from back where you come from
)Cheers,
Khan.S