Looking at the UKBA website, I can see why you are not sure, it does seem to be a little confusing.
There seems to be slightly different requirements depending where your husband and child was born.
It looks like there is a requirent saying that "the child and their parents have lived in the United Kingdom (or British overseas territory if born after 21 May 2002) for a three year period ending on the day we receive the application."
Therefore if he has been there since 2008 and applies in 2012 the he would be eligable But it also mentions the child be present in the UK, my confusion would be how can the child be present in the UK if they are born outside the UK.
I think your husband should write to the UKBA to clarify your situation.
Good luck
