The UWV is likely correct. The cross-border work permit relies on the Highly Skilled Migrant salary criteria, and the age-based threshold applies at the time of application. Since you turned 31 before the 2026 application, the higher salary minimum for those 30+ is required.

Your employer's tax lawyer may argue that your original 2022 permit should grandfather you into the lower threshold, but the law is clear: each new permit application is assessed on current age. The UWV has no discretion to apply the younger threshold. This is a common frustration for workers who age during their stay.

Your practical options are:

  1. Appeal the refusal within 6 weeks. The lawyer can argue that the purpose (cross-border work) is different from a new HSM permit, and that your continuous residence since 2022 should be considered. Success is uncertain but worth trying if the salary gap is small.
  2. Increase your salary to meet the 30+ threshold (€5,331 gross/month in 2026). If your employer can adjust your contract, reapply. This is the surest path.
  3. Explore other permits: A single permit (GVVA) for work and residence, or a Dutch family reunification permit if you have a Dutch partner. These do not use the HSM salary rules.
  4. Live in Germany and work remotely for your Dutch employer, if allowed. This avoids the need for a Dutch work permit entirely, but check German tax and social security rules.

Honest tradeoff: The appeal is low-cost but low-chance; raising salary is high-chance but depends on employer. If neither works, moving to Germany fully or changing jobs to a German employer may be simpler.

For evaluating your lawyer's advice: ask them to cite the specific article of the Vreemdelingencirculaire or UWV policy that supports grandfathering. If they cannot, the UWV position is stronger. You can also consult an independent immigration lawyer for a second opinion.

Next step: Have your employer's lawyer file a formal objection (bezwaar) within 6 weeks of the refusal date. Simultaneously, discuss salary adjustment with your employer.