In order to get any visa (for any country) you have to show you have a decent level of income or savings to support yourself.
Wishing to 'retire' and potentially earn a little money from your art/hobby will not make you eligible for a visa.
From what you say, you don't get much income from your art/hobby as you are only just starting up.
What do you currently live on in the UK? Employment income? investments/pensions?
What will you live on in France?

 

We’d have investments and pensions. It’s just sad because I just want recognition for my art and with that comes money from selling…unless I just give it all away 🤦‍♀️

 

Unfortunately, as a immigrant to a country you often are estricted in what you can do. You have to accept those limitations, otherwise don't move, simples.

As a Brit you no longer have the automatic right to work or set up a business in France. A hobby that earns money is a business. So no, you cannot do it unless you have obtained a visa that specifically states that you can, and as you say France does not offer visas to run hobby businesses.

It may seem crazy to you but countries base their immigration policies on what's best for the country's economy, their society at large and their own citizens in particular. France is no exception.

Sounds like you have a choice between stay in the UK and pursue your art professionally or come to France and keep it strictly as a hobby. Don't imagine that you can ignore the rules and do it anyway because France is quite joined up. Every gallery etc will ask to see your business registration papers before it can consider accepting your work, and you can't even advertise work for sale online wirhout a siret number, it's a legal requirement.

If after 5 years you obtain a full resident card then you will have the right to work, but be aware that the card is not granted automatically after 5 years. I believe the language requirement has very recently been tightened up and more changes may follow because immigration is under review in France.

 

I’m too honest to ever go against a law. So I wonder why a full resident card might be refused after 5 years? We’d be of uk pension age by that time so no need to prove we can speak a certain amount of french.

 

There are all sorts of reasons why a five year card could be refused.Every year you have to renew your carte de sejour and basically go through the same hoops as your Visa so proof of income, submission of tax returns, not getting into scrapes with the law etc so if for example your income is close to the minimum required they may just grant you a year so they can check on your resources
The thing to blame is Brexit not a country operating their legal requirements as set down by the politicians and the EU.Prior to Brexit what you want to do was simple, just get registered for your business submit returns and that was that. And of course in a couple of years the whole complexion of French politics may change so it could be even harder to get into France
One option though-have you/your spouse looked at getting an EU passport by descent?

 

I’m not sure what that is? I had a quick look but am still confused 🤦‍♀️

 

It sounds like you're running into some fairly common issues when it comes to retiring to France. FWIW, if you retired to France on a "visitor" visa (which is the one retirees use and which requires you to promise you won't work in France) you probably wouldn't have any problem selling the odd work of self-created art, say at a brocante (boot sale) or directly to one or two people. The issue comes when you say

I’d need income to show from my art, at least 51% of what’s required monthly.

If you are selling your art on a regular basis, and especially if you are expecting to sell it through galleries and such, then it becomes "work" (at least for all works of art created while you are living in France). You'd need to register a business entity for your art work, and that's where things get tricky. And if your pension income isn't adequate to meet the immigration service's definition of "adequate financial resources" you aren't likely to get a visitor visa.

So I wonder why a full resident card might be refused after 5 years? We’d be of uk pension age by that time so no need to prove we can speak a certain amount of french.

Don't be so sure about that. The 10 year resident cards currently require a certain level of French for those under the age of 65, though Service Public has flagged recent changes to French immigration law that have not yet been "promulgated" (basically, have not yet been translated into procedures). One of the changes in the law involves the requirement for knowledge of the French language and it remains to be seen whether they will modify the "over 65 exemption" as part of all this.

 

Unfortunately, even for French residents who don't have the additional hurdles of visas, it has become almost impossible to earn a living from art in France (apart from a very small percentage of those in cinema, music..). Keep it as a hobby, and find another way of being recognised and compensated for your efforts.

 

I have a friend who makes a living from art, but it's a very diverse activity. He does series of paintings, usually around a theme, which he exhibits and sells when he can. That's the 'heart' of his business. But what puts bread on the table is a range of related activities such as teaching classes, doing 'grunt' art work for the town hall (and Toulouse is a big city - there's quite a lot of that for the moment, at least until AI takes it over), the occasional commission for a property or business, flyers for events, etc. It's just about possible, but takes a lot of effort, and he already has a reputation and a fat list of contacts. So I agree with SPGW - unless you can really hit the ground running I'd keep it as a hobby, or at least treat it as such until you're established.

 

keep it as a hobby, or at least treat it as such until you're established.

Begs the question, How can someone ever get established if they can't sell or exhibot their work?
But many communes have art-focused associations of one type or another, that maybe exhibit their work, run competitions etc.. That could be a partial answer at least a way to get involved and be appreciated and gain a reputation locally without the filthy lucre causing problems.

France's vie associative is a great resource.

 

This article/blog is helpful (in French) about painting and selling whilst retired, with points being about joining URSSAF and declaring your income .. there are options, among them as a micro-BNC, so you can deduct expenses.

Vendre ses tableaux pour améliorer sa retraite, c'est possible

On peut combiner son goût pour la peinture et le besoin d'améliorer sa retraite, en vendant ses tableaux. Mais, pour ça, il faut s'organiser.

retraite-paisible.com

 

The thing is that France actually has set up a "safety net" of standard benefits for artists, and to seriously work as an artist, you need to register as a business, and pay the relevant taxes and cotisations. Ah, I see Sue has found the details. Thanks, Sue!

 

But that bring us the full circle doesn't it? because on a visa that doesn't permit economic activity, how can you register a business activity and declare income. Or am I missing something?

 

I think that's where the micro-BNC comes in. You aren't necessarily registered as an "auto-entrepreneur." BNC stands for Benefices non commercial, so I gather you aren't actually a "business" when you are eligible to use that denomination. A BNC is something different from a BIC (as in "micro-BIC" which I think corresponds with the auto-entrepreneur status).

Honestly, I've never understood the difference between the two statuts, but perhaps this Service Public page might be a good starting point for doing the research:

Bénéfices non commerciaux (BNC) : régime réel d'imposition

Lorsqu'une personne physique soumise à l'impôt sur le revenu (IR) perçoit des revenus d'une activité libérale, ces revenus sont des bénéfices non commerciaux (BNC). Il existe 2 régimes d'imposition qui dépendent du montant du chiffre d'affaires perçu : micro-BNC et la déclaration contrôlée.

entreprendre.service-public.fr

(I've never had the time, nor the interest, to delve too deeply into this one, but I know it's for folks just doing a bit of selling "on the side" and it may well not involve the cotisations. But let us know what you find out.)

 

Hmm.
Re micro bic and micro bnc, the difference is simply the type of activity. Bénéfices non commerciaux is consultancy type work eg prof lib acitvities. BIC is industrial, commercial and also artisan. As an auto entrepreneurs you are either micro BIC or micro BNC. You pay cotisations at different rates depending which you are. But in any case an artist can't sell their work as an auto entrepreneur.

It would be nice if it were possible for an artist to sell their own work occasionally without the need to register and pay cotisations, but everything I have ever read says not. Someone else's work, pictures you bought that you want rid, yes. But not your own work.