Yes - a Skilled Worker’s hours can vary from week to week. They do not need to work the exact same number of hours every week.
However, there are important compliance rules to follow.
📅 1. Can Working Hours Fluctuate?
Working hours can increase or decrease from one week to another if:
The employment contract allows flexibility.
The worker continues in their sponsored role.
The overall working pattern remains compliant with visa conditions.
Temporary fluctuations are generally permitted.
💷 2. Salary Requirements Still Apply
Even if hours vary, the worker must still:
Meet the minimum Skilled Worker salary threshold.
Meet the “going rate” for their SOC code.
Be paid correctly for all hours worked.
If reduced hours cause salary to fall below the required level, this may require action or reporting.
⚖️ 3. Working More Than 48 Hours Per Week
If the worker exceeds an average of 48 hours per week, they must sign a valid opt-out agreement under the UK Working Time Regulations.
More information: gov.uk/maximum-weekly-working-hours
🔔 4. When Does a Change Need to Be Reported?
You must report to a change of circumstance if:
There is a permanent reduction in salary.
The worker’s core working hours are permanently reduced.
The job role or responsibilities change significantly.
Temporary variations that do not affect salary thresholds usually do not require reporting. See this support article for guidance on reporting a change of circumstance through Borderless portal.
🗓️ 5. Changing How Hours Are Spread Across the Week
There is no immigration rule that fixes how a worker's hours must be spread across the week, or that requires them to match the pattern worked by other staff. For example, moving from a 5-day week to a 6-day week is permissible, as long as the total contracted hours, the salary and the role stay in line with the CoS.
If the shift pattern changes, update the employment contract so it reflects what is actually worked: days, shift lengths, start and finish times. Sponsor record-keeping duties expect the contract to match day-to-day reality.
👶 6. When a Worker Reduces Their Availability
Sometimes a worker asks to reduce their availability, for example because of childcare. A voluntary change to availability is not a recognised reason to pay a sponsored worker below the salary tied to the hours on their CoS.
If the reduction is short-term, keep paying at least the CoS salary through that period, even if the hours actually worked are lower, until availability returns to what the role needs. If it is permanent, you must report a change of circumstance to reduce the contracted hours, and the pay must still meet the minimum salary and hourly rate floors that apply to the route. See the minimum salary requirements for the current floors.