apply EEA2 and tire-4 visa get problem because of absence

I am eeu national girl.
I am self employed from 5 months, registered with HO. Paying NI and registered with HMRC.
I have got business and current account in bank. And couple of thousand in account.
we meet first time in 2007, then i went to my country some times ( ON_OFF).now we are togather form 1 year. We have some evidence payslip in same address and some old pictures
We have 11 months old child. (Birth certifies shows his father and mother name)
COA granted.
We got marriage certificate.
My husband he is no-eeu. He got Tire-4 student visa, it’s valid for 2 years. He was studying in down south college. But from 3 months he is absent from College. Because of i do take care of our son. And i need him with me.
In this regards i want to apply EEA2 Family visa for my husband.
What i must do?
1. Will his tire-4 visa get problem because of absence????
PLZ HELP ME
THANKS
JOANNA