Spousal visa :Evidence->appeal->Hearing day

Can one give NEW (as in fresh evidence) evidence before the hearing day, well my pay never got paid into my bank account and now i av changed this system of my pay and get paid into my a/c. But its too late now as ECO have refused the application now. Now even if i appeal within 28 days i wont be able to proove my previous wages, as i only have payslips to proove it but actual money doesn't showup in my bank statements now the BHC wants to see wether i av even been recieving my wages or not.

So from the time of appeal to the hearing date, i will have my future wages payment paid into my a/c would this help? somebody told me that i will be able to add new evidences 5 days before the hearing date to the AIT. But a solicitor says they wont consider any new evidences brought forward after the appeal has been made.

Exactly.

What vinny is saying , in layman's terms, is that only fresh evidence you can provide should be to consolidate the facts at the time of the refusal. For example, if you had forgotten to add a couple of payslips then, they could have been put in, but you cant put in evidence which does not support the facts as at the time of the refusal.

Gosh, by the time I am done, it doesn't look like layman's terms to me..

Did you make a statement explaining why the money on your payslips doesn't show in your bank account?

Also, if you are with the same employer and it's only the system of paying you that has changed then I think it's worth arguing that your up-to-date bank statements should be accepted as ongoing evidence of the circumstances that applied at the decision date.

Can your employer give a statement or provide other records about how you received your pay before, and why things changed?

Evidence of the "circumstances appertaining" under S.85(b) can include evidence of matters within the contemplation of the parties at that date (i.e. you would argue that your continued pay was in your contemplation so more recent records whould be looked at).