EEA family permit for family member of UK citizen living in South Africa

[MikeH]

I need to know if it it is possible for me to avoid standard visitor visa fees for my wife and children to visit the UK with me on a holiday. I am a British citizen with British/EU passport and I live in South Africa with my family. Are my family members elligible for the EEA visitor permit?
I have the same question for Schengen visas to visit Europe.

[MikeH]

just to clarify....none of my family members are EU citizens. They are South African citizens only.

[CR001]

Are my family members elligible for the EEA visitor permit?

No. For immigration purposes to the UK, you would only be considered British and not an EU citizen who cant use the EU directive/rules.

I have the same question for Schengen visas to visit Europe.

They also need a Schengen visa but it should be issued free of visa fee charge.

[MikeH]

so for Schengen visa the fee is waived for my family members but not for UK visa.
So is this double standards by the UK? ...because by definition the UK is currently an EEA member state, and yet it does not comply with the EEA family visa provisions?
Hasn't this been tested in the EU courts?

[CR001]

You cannot use the EU directive rules in the country you hold the nationality of. This applies to all EU member states. In the country of your nationality, only domestic immigration rules apply.

The only time this is not the case is IF you have been exercising treaty rights in another EU state you are not a national of AND your family resided with you under the EU directive rules in that EU state.

As you and your family live in SA and not another EU member state, you cannot avail of the EU rules.

[MikeH]

ok...that's a pity, because the UK visa fees for South Africans are a rip-off

[CR001]

ok...that's a pity, because the UK visa fees for South Africans are a rip-off

£95 for a six months visa. Same price for anyone applying anywhere in the world.

[MikeH]

perhaps "unfair" in terms of reciprocity is more apt because UK citizens travel to South Africa visa-free.

[CR001]

The visas were imposed in march 2009 due to the then ease of forged SA passports being used by many from other countries etc to gain easy visa free entry to the UK via South Africa. This is why the SA government was forced to update the passports in the same year.

Many SA citizens have also arrived before this and simply stayed and not left the UK. I know of at least 3 people from the same family that did this.

[MikeH]

still feel that family members of UK nationals should be considered a lower risk visa category and as such qualify for discounted visa rates