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@ApogeeDuet

Separately, what is your actual objective?

I'm guessing that the issue is residence, rather than pareja-de-hecho? By which I mean that you're an EU citizen (i.e. residence is easy-peasy anywhere in EU) but you have an unmarried non-EU partner (i.e. residence much less straightforward)?

You should note that EU Directives support Family Reunification for unmarried partners in a "durable" (i.e. at least 2 years) relationship. However, in this particular aspect, they also allow each country to decide whether or not to observe it. And many don't, insisting, instead, on a marriage or a civil/registered partnership.

I would suggest that you go to one of the many EU countries that accept unmarried partners. An EU residence permit does allow visa-free travel (up to 90 in 180) to the others, and it starts the (5 year) clock to permanent residence. And it minimizes the amount of aggravation from border officials with frequent EU travel in comparison to only having one's non-EU passport.

We were in a similar situation, and I obtained residence permits for us in both Bulgaria and Spain.

Bulgaria, back then, accepted unmarried partners merely with a sworn statement (done at the notary). Now, they want proof of cohabitation elsewhere in the EU. As an example, they accept a recent (last 3 months) Padron certificate from Spain (with both names).

Spain is quite tricky too, pushing very hard for marriage, registered/civil partnership or pareja de hecho.

I insisted, and provided proof of our cohabitation (other residence permits and UK council tax). They approved us subject to me obtaining a Certificate of No Impediment within 60 days.

Yes, the goal is to get a residence permit as a family member of a EU citizen.

Thank you for the link, they mention there that in Catalonia there is no need to prove long-term cohabitation. If that's correct then it should be possible to register pareja de hecho there just by a joint declaration before a notary public? What other documents were necessary to get a residence permit after registration pareja de hecho in your case? As far as a Certificate of No Impediment to Marriage is concerned, did the Spanish Immigaration department demand it from you (EU citizen) after your partner had submitted a residence permit application or it was a notary public who asked to see this document to register Pareja de Hecho?

@ApogeeDuet

We're just a vanilla cohabitating couple, we didn't do Pareja de Hecho or any other kind of formal registration.

After my registration (as an EU citizen) had been approved, we submitted a Family Reunification application. Yes, the migration office (not notary) asked me for the CNI.

Now, 5 years later, she just received approval for Spanish citizenship/passport (via the 2 year route for Ibero-Americans) so she's the EU citizen... and I'm the non-EU partner (due to Brexit). However, I got my permanent residence card in 2022, so that grants a significant degree of EU mobility (and permanence).

According to that link, it does seem there are places that don't enforce a minimum period for registering as Pareja de Hecho. But they insist on a Padron certificate, which typically means you need to buy a property or have a long-term rental contract in that district.

If you were to go the Bulgaria residence route, then a Padron would still be required, but could be anywhere in Spain (or elsewhere in the EU).

If I'm not mistaken it would be the same situation in Bulgaria - their Immigration department would ask for a long-term rental contract in Bulgaria or a deed to the property you own there to get a residence permit. Probably in Bulgaria it will much cheaper to rent something for that purpose than in Spain, so it may make sense if Bulgarian residence permits will be treated as Schengen ones from 01.04.2024 and if Bulgaria doesn't enforce a minimum period of cohabitation, so it would be possible to register a civil partnership there.

@ApogeeDuet

Correct, the proof of address requirement for EU Citizen Registration is the same everywhere. But there are some attorneys round here who will do you a rental contract to keep immigration happy.

Bulgaria doesn't ask for a minimum period, or a formal registration of your partnership. The requirement is simply an official proof of address (such as Padron certificate from Spain, or Anmeldung from Germany).

I think Portugal also accepts unmarried partners with "Circumstantial evidence of Unmarried Partnership".

The non-Schengen status of Bulgaria doesn't affect the utility of the residence permit - it allows (up to) 90 days (in 180) visa-free in any EU country.

Unfortunately Article 98 which mentions "Circumstantial evidence of Unmarried Partnership" won't be used in our case because for EU citizens Portuguse Immigration Department (SEF) always applies Article 15 from Act 37/2006 (which is based on EU Directive 2004/38/EC), and there they define who is a Family Member of a EU citizen as follows:

i) The spouse of a Union citizen;

ii) The partner with whom the Union citizen lives in a de facto union (uni茫o de facto) pursuant to the law, or with whom the Union citizen has a permanent relationship duly certified by the relevant authority of the Member State where he/she resides;

iii) The direct descendants who are under the age of 21 or are dependants of the Union citizen, and those of the spouse or partner as defined in the preceding subparagraph;

iiv) The dependant direct relatives of the Union citizen in the ascending line and those of the spouse or partner as defined in subparagraph ii);

I will talk to a Portuguese lawyer about it to check if there is a chance to make a residence permit application based on circumstantial evidence, but it looks like the family member laws in Portugal are more strict for EU citizens than for non-EU citizens with Portuguese residence permits - there is no mention of Circumstantial evidence of Unmarried Partnership in the law, and the law which regulates "de facto unions" just states "Proof of unmarried partnership: In the absence of a legal or regulatory provision requiring specific documentary proof, a de facto union shall be proved by any legally admissible means."

By the way, could you please recommend a lawyer in Bulgaria who can help with a cheap long-term rental lease for a residence permit?