Thank you for your question and patience, I’m Tom and I’ll try to help you.
If your husband has not yet completed 5 years residence on his spouse visa then you can tell the home office that the relationship has broken down and that you will shortly commence divorce proceedings.
The home office should then write to your husband to advise him that they are curtailing (ie. terminating) his visa and advising him that he needs to leave the UK or make a new separate application.
This does not necessarily mean that he will leave the UK, but it does mean that he would have to make another application. If he has a child in the UK and is involved in the child’s upbringing and will continue to be then he could make an application based on his rights with the child.
However, this application based on the child is not an easy one to make an he may have to first apply to court in order to secure a contact order with the child confirming that he should have contact/visitation with the child. Additionally, the evidence he would need to submit is quite complicated and he would need to instruct a solicitor.
So, yes, you can compel the home office to terminate his visa but the likelihood that he would ultimately secure leave to remain based on the child is quite high but it will take time, put him under pressure and be difficult for him.
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