varying FLR(FP)-PRIVATE LIFE TO SET(LR)

[jengland]

My in-time appeal at 2nd tier level was refused on 01/07/2016. This appeal included my wife as dependant. FLR (FP)-private life was submitted on 28/07/2016 with my wife as dependant (within 28days), which has not been decided till date of this note.
My 10 years long residence is due on 09/05/2017. My wife will complete 10 years by 24/03/2021.
Me as the main applicant, I have passed the life in UK Test and I obtained UK MSc. Degree.
Now, we are overstayer of less than 28days and this is the first overstaying since 10/05/2007.

Questions base on the above case.

1. Can I vary my application to SET (LR) by 10/04/2017 since the 28days grace was before 24/11/2016 as the new rule?
2. Can I use premium service (same day service)?
3. since ILR can not include dependant, how can I vary the application without leaving my dependant behind?

Due to financial constrain, I will like to put the application myself without solicitor. Please I need your answer.
Thank you.