The British Nationality Act DOES NOT make him a British citizen. Can you just go read all the law on the matter instead of listening to Donofrio.
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I do my OWN research - I do NOT “listen to Donofrio” ...
Why don’t YOU read the ACT ???
FIRST - you gotta Read Part II, Section 5:
British Nationality Act of 1948:
5.—(1) Subject to the provisions of this section, a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom and Colonies at the time of the birth:
Provided that if the father of such a person is a citizen of the United Kingdom and Colonies by descent only, that person shall not be a citizen of the United Kingdom and Colonies by virtue of this section unless—
(a) that person is born or his father was born in a protectorate, protected state, mandated territory or trust territory or any place in a foreign country where by treaty, capitulation, grant, usage, sufferance, or other lawful means, His Majesty then has or had jurisdiction over British subjects; or
(b) that person’s birth having occurred in a place in a foreign country other than a place such as is mentioned in the last foregoing paragraph, the birth is registered at a United Kingdom consulate within one year of its occurrence, or, with the permission of the Secretary of State, later; or
(c) that person’s father is, at the time of the birth, in Crown service under His Majesty’s government in the United Kingdom; or
(d) that person is born in any country mentioned in subsection (3) of section one of this Act in which a citizenship law has then taken effect and does not become a citizen thereof on birth.
ONLY the first paragraph directly applies to Obama.
The second paragraph’s “a” through “d” disqualifiers apply ONLY IF Obama’s father was a British Citizen BY DESCENT ONLY.
Now, we look to Obama’s Father’s status:
Under Part I, Section 1:
1.—(1) Every person who under this Act is a citizen of the United Kingdom and Colonies or who under any enactment for the time being in force in any country mentioned in subsection (3) of this section is a citizen of that country shall by virtue of that citizenship have the status of a British subject.
Obama’s father was a citizen by virtue of Part 1, Section 1. He was born in Kenya - a British colony and/or protectorate.
Obama is a citizen by descent by virtue of Part II. Section 5, paragraph 1.
The ONLY way Obama WOULD NOT be a citizen by descent would be if his father WAS a citizen by descent (Part II, Section 5, paragraph 2 qualifiers “a”-”d”).
Obama’s father WAS NOT a citizen by descent; ergo Obama IS a citizen by descent.
You are totally missing the LEGITIMACY REQUIREMENT. Do more research if you don’t understand. You can start with the info that discusses legitimacy from the UK border agency on my profile.
For months people on this site claimed that Obama couldn’t be a citizen if born in Kenya do to residency requirements of Ann and her age. They did not recognize that the provision that kept getting quoted needed a MARRIAGE...there was another provision for unwed mothers.
So it turns on how immigration law would view a VOID marriage. There are cases the deal with bigamists in immigration law.