Spouse Visa

[ayoubr110]

HI All, My first post and have few may be some common question.

Immigration history:
came to Uk on student visa and studied from 2007 to 2011 then applied for PSW and got it. and in year 2012 applied for Entrepreneur visa and refused without right to appeal then went for Judicial Review and PSW visa was expiring in November 2013 no decision of Judicial review till then and wasn't sure whether I will be legal to stay after PSW expiring or become illegal so in order to be legal I applied for Leave to remain for private reason which was also refused but right to appeal was given the appealed. then hearing of Judicial review and leave to remain for private reason was heard together and judge ruled out that the leave to remain for private reason only applied to be remained legal in the country.
judge allowed Entrepreneur visa clearly stating that the sole reason for the application for leave to remain for private reason was just to be legal and it was not clearly stated in the rules, but still issued the visa for private reason expiring in Jan 2017. i thought to keep the visa as it has been a mission to get the visa even all the documents were correct and did not write to home office for wrong visa issued.

now i am married to a british girl. we did Nikah(registration) in December 2014 and Marriage (all functions) on Dec 2015.

i am self employed person and my spouse does not work.

i have a simple yet very complicated question.

if i apply for Spouse visa dependent then will my earning count as stated in the rule that if i am in Uk on legal visa then my earning for Maintenance will count but not entirely sure??

Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history. See section 5 of this guidance.

my earning are well above £50K as company director and company turnover is above £100K.
and my spouse has the saving of about £25000 in the account from last 10 months.

or should i go back to and write to Home office that wrong visa was issued in order to gain the 6 months extra ??? and how i do that??