deland wrote:I note as evidence of funds your sponsor has submitted a bangkok bank account in his name which demonstrates funds of 452,277 baht (£9045 using £1=50thb) at 17/09/10. This however does not serve to give me a true and accurate picture of your sponsor's financial incomings and outgoings,his overall financial circumstances nor that this money in it's entirety could be transferred to the uk
OK, the problem the Entry Clearance Officer has with your bank statement is that it just shows a lump sum, presumably with no history of transactions etc. on the account. The requirement is that the money is actually "available to you": that means ECOs are suspicious of simple savings statements because the money could just have been lent to you for immigration purposes, and you might not havit available to you when your spouse comes to the UK.
Have you now transferred your savings to a UK bank account? How much money do you have available to you now?
The basic rule about new evidence in appeal hearings is that evidence of changed circumstances since the decision date is not accepted. However, you can use evidence that comes into your hands after the decision, BUT which confirms the state of play when you applied.
The ECO complains that there is no evidence that your Thai savings could be transferred to the UK. You can present money transfer documents, and and recent bank statements to prove him wrong (If that's what you've actually done of course).
You could also put together a document showing your expected monthly outgoings as a couple.
Your sponsor has stated that you will live with him in his daughters house I note that there has been no evidence submitted to satisfy me that your sponsor's daughter's property would not be overcrowded by your presence.
It looks like the ECO did not consider the description of the property supplied by your daughter, and the photos etc.
You should point this out in the appeal. Your daughter can give evidence abvout her property at the appeal hearing, and you could also get an independent property report as back-up.
Additionally sharing accommodation with your sponsor's daugher's family does not demonstrate that you will living in a propery that is owned or occupied exclusively as required by paragraph 281 (iv)
I have therefore refused your application...... blah blah blah
How many rooms (other than Spam/bathrooms) does your daughter's house have? House-sharing
is allowed as long as you have a room to yourselves, and the property is not overcrowded:
"If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use." (See MAA12 in the link I posted earlier)
Again, it seems that they have not considered the evidence about the property.