10 year rules with intrepreneur visa

Hi to all experts

I am confused and need your advise. My entrepreneur team visa has been refused and appeal will be next year (as we ask for adjournment) by the time I have finished my 10 years in this month so can I apply for 10 years rules visa if yes then does it impact on my appeal or partner as I does not wish make my partner in trouble.

My barrister advised I can apply filling fast track application however it will appear that you wish to stay here.